Feminist Constitutionalism
Global Perspectives

Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Beverley Baines (Edited by), Daphne Barak-Erez (Edited by), Tsvi Kahana (Edited by)

9780521761574, Cambridge University Press

Hardback, published 16 April 2012

494 pages, 2 tables
23.5 x 15.7 x 2.5 cm, 0.78 kg

"If dignity, liberty and equality shall make sense in our complicated worlds, and if democracy shall work in multilevel constellations of constitutional law, then this book is an important contribution towards it. A feminist intervention that deserves the name, diverse, transnational, and with a grip on the hard cases, this work proves to be a very inspiring read."


- Susanne Baer
Richterin des Bundesverfassungsgerichts, Professorin für Öffentliches Recht und Geschlechterstudien an der, Humboldt-Universität zu Berlin & James W Cook Professor, University of Michigan Law School

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.

Subject Areas: Gender & the law [LAQG], Jurisprudence & general issues [LA], Law [L]