Same-sex couples, legislators and judges: an introduction to the book

The volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi jurisdictions) as regards the legal status of same-sex couples. The book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, considering the relationship of the judiciary with the executive and the legislature. The legal discourse on the status of same-sex couples before the courts raises problems in terms of legitimacy, democracy and separation of powers. What is at stake is the balance between the prerogatives of the judiciary and (especially) those of the legislature. The courts of some jurisdictions have been progressive, dynamic, activist and even creative in their interpretation of the law, while others have been conservative, static, literal and originalist. In any case, regardless of the final outcome, it is undisputable that the continuous flow of new decisions has produced a considerable body of jurisprudence that deserves close attention. This is precisely the main objective of the present book.