Constitutions and Inequality

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Constitutions and Inequality

A Relational Analysis of Law

9781035316151 Edward Elgar Publishing
Cara Röhner, Professor of Law, RheinMain University of Applied Sciences Wiesbaden, Germany
Publication Date: 2024 ISBN: 978 1 03531 615 1 Extent: 320 pp
Building on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship, as well as a vocabulary for equality-oriented interpretations of law.

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Building on economic and feminist critiques of legal individualism, this book develops a relational analysis of constitutional law in the context of real-world social inequality. It provides a methodological framework for legal scholarship as well as a vocabulary for equality-oriented interpretations of law.

Cara Röhner investigates the concept of an inequality audit of constitutions, as well as the three dimensions of inequality: redistribution, recognition and representation. Röhner reconstructs how socioeconomic and gender inequalities are negotiated under German constitutional law and EU law. Based on this analysis, the book further discusses the idea that the development of a constitutional language for addressing structural inequality is crucially linked to reforming the methodological approach to legal research.

Combining political and legal theory with an examination of constitutional doctrines, this book is vital for students and scholars of comparative law, constitutional and administrative law, philosophy and political science. It is also an informative resource for social and women’s rights activists and politicians interested in economic and gender inequalities.
Critical Acclaim
‘At a time of growing inequality and intersectional challenges, Röhner´s book audits the German constitution to test its responsiveness to misrecognition, underrepresentation and socioeconomic marginalisation. An absolute must read for anyone who is aware of the critical moment liberal democracies are undergoing and has not entirely lost hope in the transformative potential of constitutions and their promise of freedom, equality and justice.’
– Ruth Rubio Marin, European University Institute, Italy

‘With Constitutions and Inequality, Professor Röhner presents a highly original and methodologically ambitious analysis of class and gender as axes of inequality. How she interprets the German Basic Law and makes constitutional silences speak is a must read for students and professionals working in the area and on constitutionalism in general.’
– Günter Frankenberg, Goethe University Frankfurt, Germany
Contents
Contents
Preface
1 Inequality audit
2 Redistribution
3 Recognition
4 Representation
5 Conclusions on Constitutions and Inequality
Bibliography
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