Bibliographic Details

Feminist constitutionalism : global perspectives / edited by Beverley Baines, Daphne Barak-Erez, Tsvi Kahana : foreword by Catharine A. MacKinnon.

Imprint Cambridge : Cambridge University Press, 2012.
Description 1 online resource (xv, 477 pages) : digital, PDF file(s).
Language English
Subject Women's rights.
Constitutional law.
Feminist jurisprudence.
Format E-Resource, Book
URL for this record
Other authors / contributors Baines, Beverley, 1941- editor.
Barak-Erez, Daphne, editor.
Kahana, Tsvi, 1967- editor.
ISBN 9780511980442 (ebook)
9780521761574 (hardback)
9780521137799 (paperback)
Notes Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Summary 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.
Other form Print version: 9780521761574
Table of Contents:
  • Part I. Feminism as a Challenge to Constitutional Theory
  • 1. Rethinking constitutionalism through the lens of the gendered division of household labour
  • 2. Feminist fundamentalism and the constitutionalization of marriage
  • 3. Abortion, dignity, and a capabilities approach
  • Part II. Feminism and Judging
  • 4. Her-meneutics: feminism and interpretation
  • 5. Intuition and feminist constitutionalism
  • 6. Women judges, 'maiden speeches', and the high court of Australia
  • 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
  • 8. Constitutional adjudication and substantive gender equality in Hong Kong
  • Part III. Feminism, Democracy and Political Participation
  • 9. The gendered state and women's political leadership: explaining the American puzzle
  • 10. On parity, independence, and women's democracy
  • 11. Women's involvement in international constitution-making
  • 12. Between constitutional jurisdiction and women's rights organizations: women, war, and the space of justice in Colombia
  • 13. The promise of democratic constitutionalism: women, constitutional dialogue, and the Internet
  • Part IV. The Constitutionalism of Reproductive Rights
  • 14. Pregnancy, equality, and U.S. constitutional law
  • 15. Federal spending and compulsory maternity
  • 16. Challenges for contemporary reproductive rights advocacy: the South African example
  • Part V. Women's Rights, Multiculturalism, and Diversity
  • 17. Constitutional rights of women under customary law in Southern Africa: dominant interventions and 'old pathways'
  • 18. Minority women: a struggle for equal protection against domestic violence
  • 19. Watch GRACE grow: African customary law and constitutional law in the equality garden
  • 20. Critical multiculturalism
  • 21. Democratic theory, feminist theory, and constitutionalism: the challenge of multiculturalism
  • 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
  • 23. On God, promises, and money: Islamic divorce at the crossroads of gender and the law
  • 24. Polygamy and feminist constitutionalism