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Constitutions and Gender
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
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Critical Acclaim
Contributors
Contents
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The idea that constitutions are gendered is not new, but its recognition is the product of a revolution in thinking that began in the last decades of the twentieth century. As a field, it is attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values.
Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country’s constitution.
This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Offering a cutting-edge perspective on the constitutional text and record of multiple jurisdictions, from long-established to newly emerging democracies, Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do. Its central insight is that democratic constitutions must serve the needs and aspirations of all the people, and constitutional legitimacy requires opportunities for participation in both the fashioning and functioning of a country’s constitution.
This challenging assessment is of relevance to scholars and practitioners of law and politics, and gender and feminism, as well as practitioners and advisors involved in constitution-making.
Critical Acclaim
‘This timely book is the first in a series of Research Handbooks in Comparative Constitutional Law from Edward Elgar, which also produces a series of Research Handbooks in Comparative Law. This volume is the first of these handbooks to focus on gender. The editor, Helen Irving – professor of law at the Sydney Law School at the University of Sydney, Australia – has compiled 19 impressive chapters that serve as a corrective to the marginalisation of women''s experiences that is usually the case in most collections, which may have little or no coverage of gender issues.''
– Gender and Development
– Gender and Development
Contributors
Contributors: C. Albertyn, M. Allen, D. Anagnostou, B. Baines, J. Bond, J. Bond, M. Davis, R. Dixon, K. Gelber, B. Goldblatt, H. Irving, V.C. Jackson, J. Kang, W. Lacey, S. Millns, C. Murray, R. Rubio-Marin, A. Stone, S. Suteu, J. Vickers, S.H. Williams, C. Wittke
Contents
Contents:
Introduction
Helen Irving
PART I CONSTITUTION-MAKING
1. Women and participatory constitution-making
Silvia Suteu
2. Women and constitution-making in South Africa
Catherine Albertyn
3. Gender and post-colonial constitutions in Sub-Saharan Africa
Johanna Bond
4. International institutions, constitution-making and gender
Christina Murray and Cindy Wittke
PART II CONSTITUTIONAL DESIGN
5. Gender equality: International law and national constitutions
Wendy Lacey
6. ‘Gendering’ federal constitutions
Jill Vickers
7. A practitioner’s account: the Constitution Assessment for Women’s Equality
Melanie Allen
PART III CONSTITUTIONAL PRACTICE
8. Gender equality, interpretation, and feminist pluralism
Vicki C. Jackson
9. Gender and constitutionalism in the European Union
Susan Millns
10. Gender equality and parity in European national constitutions
Dia Anagnostou
11. Women judges on constitutional courts: why not nine women?
Beverley Baines
PART IV CONSTITUTIONS AND CITIZENSHIP
12. Women’s political citizenship in new European constitutionalism: between constitutional amendment and progressive interpretation
Ruth Rubio-Marín
13. Indigenous women and constitutional recognition
Megan Davis
14. Citizenship and nationality
Helen Irving
PART V CONSTITUTIONAL CHALLENGES
15. Religion, custom, and legal pluralism
Susan H. Williams
16. Constitutions and reproductive rights: convergence and non-convergence
Rosalind Dixon and Jade Bond
17. Constitutions, gender and freedom of expression: the legal regulation of pornography
Katharine Gelber and Adrienne Stone
18. Constitutional approaches to gender and social and economic rights
Beth Goldblatt
19. Patriarchy and constitutional origins
John Kang
Index
Introduction
Helen Irving
PART I CONSTITUTION-MAKING
1. Women and participatory constitution-making
Silvia Suteu
2. Women and constitution-making in South Africa
Catherine Albertyn
3. Gender and post-colonial constitutions in Sub-Saharan Africa
Johanna Bond
4. International institutions, constitution-making and gender
Christina Murray and Cindy Wittke
PART II CONSTITUTIONAL DESIGN
5. Gender equality: International law and national constitutions
Wendy Lacey
6. ‘Gendering’ federal constitutions
Jill Vickers
7. A practitioner’s account: the Constitution Assessment for Women’s Equality
Melanie Allen
PART III CONSTITUTIONAL PRACTICE
8. Gender equality, interpretation, and feminist pluralism
Vicki C. Jackson
9. Gender and constitutionalism in the European Union
Susan Millns
10. Gender equality and parity in European national constitutions
Dia Anagnostou
11. Women judges on constitutional courts: why not nine women?
Beverley Baines
PART IV CONSTITUTIONS AND CITIZENSHIP
12. Women’s political citizenship in new European constitutionalism: between constitutional amendment and progressive interpretation
Ruth Rubio-Marín
13. Indigenous women and constitutional recognition
Megan Davis
14. Citizenship and nationality
Helen Irving
PART V CONSTITUTIONAL CHALLENGES
15. Religion, custom, and legal pluralism
Susan H. Williams
16. Constitutions and reproductive rights: convergence and non-convergence
Rosalind Dixon and Jade Bond
17. Constitutions, gender and freedom of expression: the legal regulation of pornography
Katharine Gelber and Adrienne Stone
18. Constitutional approaches to gender and social and economic rights
Beth Goldblatt
19. Patriarchy and constitutional origins
John Kang
Index
