Feminist Constitutionalism Global Perspectives

Author: Beverley Baines; Daphne Barak-Erez; Tsvi Kahana
Publisher: Cambridge University Press
ISBN: 9780521137799
Published In: June 2012
Format: Paperback , 494 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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