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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.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...