Administrative / Constitutional Law

Feminist Constitutionalism Global Perspectives

Edited by Beverley Baines · Daphne Barak-Erez · Tsvi Kahana
Cambridge University Press June 2012

Specifications

ISBN-13
9780521137799
Publisher
Cambridge University Press
Publication
June 2012
Format
Paperback , 494 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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 five 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; and V) women's rights, multiculturalism, and diversity. As a collection, the book seeks to examine, challenge and indeed redefine the very idea of constitutionalism from a feminist perspective.

• Contains 28 chapters about various countries and by authors from various countries

• Includes a foreword written by a pre-eminent feminist theorist, Catherine MacKinnon

• Addresses both familiar topics such as reproductive rights and marital status and emerging issues such as new societal approaches to household labor and the participation of women in constitutional discussions online

Table of Contents

Foreword by Catharine A. MacKinnon
ix
Contributors
xiii
Introduction: The Idea and Practice of Feminist Constitutionalism
Beverley Baines, Daphne Barak-Erez, and Tsvi Kahana
1
Part I:   Feminism as a Challenge to Constitutional Theory
 
1         The Gendered Division of Household Labor: An Issue of Constitutional Rights
Jennifer Nedelsky
15
2         Feminist Fundamentalism and the Constitutionalization of Marriage
Mary Anne Case
48
3         Abortion, Dignity, and a Capabilities Approach
Rosalind Dixon and Martha C. Nussbaum
64
Part II:  Feminism and Judging
 
4         Her-meneutics: Feminism and Interpretation
Daphne Barak-Erez
85
5         Intuition and Feminist Constitutionalism
Suzanne B. Goldberg
98
6         Women Judges, “Maiden Speeches,” and the High Court of Australia
Heather Roberts
113
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 A. Froc
132
8         Constitutional Adjudication and Substantive Gender Equality in Hong Kong
Kelley Loper
149
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
169
10        On Parity, Interdependence, and Women's Democracy
Blanca Rodríguez-Ruiz and Ruth Rubio-Marín
188
11        Women's Involvement in International Constitution-Making
Elizabeth Katz
204
12        Between Constitutional Jurisdiction and Women's Rights Organizations: Women, War, and the Space of Justice in Colombia
Carolina Vergel Tovar
223
13        The Promise of Democratic Constitutionalism: Women, Constitutional Dialogue, and the Internet
Tsvi Kahana and Rachel Stephenson
240
Part IV:  The Constitutionalism of Reproductive Rights
 
14        Pregnancy, Equality, and U.S. Constitutional Law
Jennifer S. Hendricks
263
15        Federal Spending and Compulsory Maternity
Nicole Huberfeld
281
16        Challenges for Contemporary Reproductive Rights Advocacy: The South African Example
Rachel Rebouché
298
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
317
18        Minority Women: A Struggle for Equal Protection against Domestic Violence
Puja Kapai
336
19        Watch GRACE Grow: South African Customary Law and Constitutional Law in the Equality Garden
Jewel Amoah
357
20        Critical Multiculturalism
Vrinda Narain
377
21        Democratic Theory, Feminist Theory, and Constitutionalism: The Challenge of Multiculturalism
Susan Williams
393
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
413
23        On God, Promises, and Money: Islamic Divorce at the Crossroads of Gender and the Law
Pascale Fournier
433
24        Polygamy and Feminist Constitutionalism
Beverley Baines
452
Index
475

About the Author

Beverley Baines, Queen's University, Ontario
Daphne Barak-Erez, Tel-Aviv University
Tsvi Kahana, Queen's University, Ontario

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