Feminist Constitutionalism: Global Perspectives

Cambridge University Press, 4/16/2012
EAN 9780521761574, ISBN10: 0521761573

Hardcover, 494 pages, 23.1 x 15.2 x 2.8 cm
Language: English

Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into six parts: I) feminism as a challenge to constitutional theory; II) feminism and judging; III) feminism, democracy, and political participation; IV) the constitutionalism of reproductive rights; V) women's rights, multiculturalism, and diversity; and VI) women between secularism and religion.

Part I. Feminism as a Challenge to Constitutional Theory
1. Rethinking constitutionalism through the lens of the gendered division of household labour Jennifer Nedelsky
2. Feminist fundamentalism and the constitutionalization of marriage Mary Anne Case
3. Abortion, dignity, and a capabilities approach Rosalind Dixon and Martha Nussbaum
Part II. Feminism and Judging
4. Her-meneutics
feminism and interpretation Daphne Barak-Erez
5. Intuition and feminist constitutionalism Suzanne Goldberg
6. Women judges, 'maiden speeches', and the high court of Australia Heather Roberts
7. Will 'watertight compartments' sink women's charter rights? The need for a new theoretical approach to women's multiple rights claims under the Canadian Charter of Rights and Freedoms Kerri Froc
8. Constitutional adjudication and substantive gender equality in Hong Kong Kelley Loper
Part III. Feminism, Democracy and Political Participation
9. The gendered state and women's political leadership
explaining the American puzzle Eileen McDonagh and Paula A. Monopoli
10. On parity, independence, and women's democracy Blanca Rodriguez-Ruiz and Ruth Rubio-Marin
11. Women's involvement in international constitution-making Elizabeth Katz
12. Between constitutional jurisdiction and women's rights organizations
women, war, and the space of justice in Colombia Carolina Vergel Tovar
13. The promise of democratic constitutionalism
women, constitutional dialogue, and the Internet Tsvi Kahana and Rachel Stephenson
Part IV. The Constitutionalism of Reproductive Rights
14. Pregnancy, equality, and U.S. constitutional law Jennifer S. Hendricks
15. Federal spending and compulsory maternity Nicole Huberfeld
16. Challenges for contemporary reproductive rights advocacy
the South African example Rachel Rebouché
Part V. Women's Rights, Multiculturalism, and Diversity
17. Constitutional rights of women under customary law in Southern Africa
dominant interventions and 'old pathways' Chuma Himonga
18. Minority women
a struggle for equal protection against domestic violence Puja Kapai
19. Watch GRACE grow
African customary law and constitutional law in the equality garden Jewel Amoah
20. Critical multiculturalism Vrinda Narain
21. Democratic theory, feminist theory, and constitutionalism
the challenge of multiculturalism Susan H. Williams
Part VI. Women between Secularism and Religion
22. Secular constitutionalism and Muslim women's rights
the Turkish headscarf controversy and its impact on the European Court of Human Rights Hilal Elver
23. On God, promises, and money
Islamic divorce at the crossroads of gender and the law Pascale Fournier
24. Polygamy and feminist constitutionalism Beverley Baines.