Description
Book SynopsisThe 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 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 advisers involved in constitution-making.
Contributors include: C. Albertyn, M. Allen, D. Anagnostou, B. Baines, J. Bond, J. Bond, M. Davis, R. Dixon, K. Gelber, B. Goldblatt, H. Irving, V. Jackson, J. Kang, W. Lacey, S. Millns, C. Murray, R. Rubio-Marin, A. Stone, S. Suteu, S. Williams, J. Vickers, C. Wittke
Trade Review'This timely book is the first in a series of Research Handbooks in Comparative Constitutional Law
from Edward Elgar, which also produces a series ofResearch 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 DevelopmentTable of ContentsContents: 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
