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Family Law

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16 MAY 2008

Jackie Jones and Elena Merino-Blanco: The influence of constitutional law on family forms in Germany and Spain

Jackie Jones and Elena Merino-Blanco are Senior Lecturers in Law, Bristol Law School, University of the West of England.

This article examines the influence of constitutional norms on family forms in Germany and Spain. Marriage, cohabitation, children and how same-sex unions fit in those three themes are looked at in both jurisdictions. While similar constitutional provisions are used by the German and Spanish legislators as a justification for recent developments in family forms, the results, as the article shows, are very different. Inclusion and exclusion of individuals can be achieved, constitutionally, within the same rights discourse.

For the full article see Child and Family Law Quarterly, Vol 20, No 1, 2008.

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