Gender and the Constitution
Equity and Agency in Comparative Constitutional Design

This book considers the challenges of constitution-making when gender equity and agency are goals.

Helen Irving (Author)

9780521707459, Cambridge University Press

Paperback, published 21 January 2008

272 pages
22.9 x 15.2 x 1.5 cm, 0.43 kg

"[This] book provides a necessary, and perhaps long overdue, service by launching a civic discourse about gender and the constitution."
International Law and Politics, Kristina Agassi

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.

1. Framework
2. Language
3. Federalism
4. Citizenship
5. The constitutional court
6. Representation
7. Equality rights
8. Reproductive rights
9. International and customary law
10. Conclusion.

Subject Areas: Gender & the law [LAQG], Jurisprudence & philosophy of law [LAB], Comparative politics [JPB]