In light of the very probable pending demise of Roe v. Wade in the United States, I started thinking. I have seen a few posts about how the USA has gone crazy from international members, but I wondered what the legal situation was in the other nations, and, importantly, how it got that way.
Most of us come from English speaking nations with "western" cultures. i.e. European, or former English colonies.
I'm assuming abortion is legal in almost all of the countries where ISF members live. I am assuming that there was a time in relatively recent histories, i.e. within living memory, where abortion was not legal in those countries. So, how did it get that way? Specifically, was it legislative action, or judicial? Or even executive?
Here in America, with our 50 states, abortion had been regulated by states. Legislation in each state made abortions strictly illegal, or illegal under certain circumstances. Some states had mostly legal abortions. Others were completely or mostly illegal. Then, in 1973, the Supreme Court declared it must be legal in all 50 states, and provided some other guidance about what restrictions could be placed on it. For nearly fifty years since, that has remained true, with only a little bit of tweaking here and there about what restrictions could be place on the practice. So, in the United States, it became legal through legislative action in some states, and judicial action in others.
It is expected that the judicial action is about to be reversed, with the predicted result that it will be up to legislatures, with some influence by state executives via the veto power, to decide if it is legal or illegal. Some places will decide that it should be completely or mostly legal. Others will decide if it will be completely or mostly illegal.
For this thread, I want to discuss which branch of govnernment has been responsible for the state of abortion rights in various nations. Inevitably, this will have to include which branch of government people believe ought to be responsible for the question, so let's just declare that to be fair game from the start.
However, I would prefer that this thread not be devoted to the general question of whether making abortion illegal is a good idea or a bad idea. I know that can't be avoided completely, but there are other threads to deal with that. I would prefer this to be focused on the theory of government in various nations, and how the doctrine of separation of powers influences those places, and how it ought to be applied in the question of abortion.
Above all, I don't want this thread to be for discussing the relative merits of political parties who support or oppose abortion rights. I'm really trying to focus on the theory of government here, not on whether a particular party is bad.
Most of us come from English speaking nations with "western" cultures. i.e. European, or former English colonies.
I'm assuming abortion is legal in almost all of the countries where ISF members live. I am assuming that there was a time in relatively recent histories, i.e. within living memory, where abortion was not legal in those countries. So, how did it get that way? Specifically, was it legislative action, or judicial? Or even executive?
Here in America, with our 50 states, abortion had been regulated by states. Legislation in each state made abortions strictly illegal, or illegal under certain circumstances. Some states had mostly legal abortions. Others were completely or mostly illegal. Then, in 1973, the Supreme Court declared it must be legal in all 50 states, and provided some other guidance about what restrictions could be placed on it. For nearly fifty years since, that has remained true, with only a little bit of tweaking here and there about what restrictions could be place on the practice. So, in the United States, it became legal through legislative action in some states, and judicial action in others.
It is expected that the judicial action is about to be reversed, with the predicted result that it will be up to legislatures, with some influence by state executives via the veto power, to decide if it is legal or illegal. Some places will decide that it should be completely or mostly legal. Others will decide if it will be completely or mostly illegal.
For this thread, I want to discuss which branch of govnernment has been responsible for the state of abortion rights in various nations. Inevitably, this will have to include which branch of government people believe ought to be responsible for the question, so let's just declare that to be fair game from the start.
However, I would prefer that this thread not be devoted to the general question of whether making abortion illegal is a good idea or a bad idea. I know that can't be avoided completely, but there are other threads to deal with that. I would prefer this to be focused on the theory of government in various nations, and how the doctrine of separation of powers influences those places, and how it ought to be applied in the question of abortion.
Above all, I don't want this thread to be for discussing the relative merits of political parties who support or oppose abortion rights. I'm really trying to focus on the theory of government here, not on whether a particular party is bad.
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