9780511980442 (ebook) 9780521761574 (hardback) 9780521137799 (paperback)
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Introduction. The idea and practice of feminist constitutionalism / Beverley Baines, Daphne Barak-Erez, and Tsvi Kahana The gendered division of household labor : an issue of constitutional rights / Jennifer Nedelsky Feminist fundamentalism and the constitutionalization of marriage / Mary Anne Case Abortion, dignity, and a capabilities approach / Rosalind Dixon and Martha C. Nussbaum Her-meneutics : feminism and interpretation / Daphne Barak-Erez Intuition and feminist constitutionalism / Suzanne B. Goldberg Women judges, "maiden speeches", and the High Court of Australia / Heather Roberts 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 A. Froc Constitutional adjudication and substantive gender equality in Hong Kong / Kelley Loper The gendered state and women's political leadership : explaining the American puzzle / Eileen McDonagh and Paula A. Monopoli On parity, interdependence, and women's democracy / Blanca Rodríguez-Ruiz and Ruth Rubio-Marín Women's involvement in international constitution-making / Elizabeth Katz Between constitutional jurisdiction and women's rights organizations : women, war, and the space of justice in Colombia / Carolina Vergel Tovar The promise of democratic constitutionalism : women, constitutional dialogue, and the Internet / Tsvi Kahana and Rachel Stephenson Pregnancy, equality, and U.S. constitutional law / Jennifer S. Hendricks Federal spending and compulsory maternity / Nicole Huberfeld Challenges for contemporary reproductive rights advocacy : the South African example / Rachel Rebouché Constitutional rights of women under customary law in Southern Africa : dominant interventions and "old pathways" / Chuma Himonga Minority women : a struggle for equal protection against domestic violence / Puja Kapai Watch GRACE grow : South African customary law and constitutional law in the equality garden / Jewel Amoah Critical multiculturalism / Vrinda Narain Democratic theory, feminist theory, and constitutionalism : the challenge of multiculturalism / Susan Williams Secular constitutionalism and Muslim women's rights : the Turkish headscarf controversy and its impact on the European Court of Human Rights / Hilal Elver On God, promises, and money : Islamic divorce at the crossroads of gender and the law / Pascale Fournier Polygamy and feminist constitutionalism / Beverley Baines.