The Gender of Constitutional Jurisprudence

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September 2004



Describing the constitutional rights of women in twelve countries, the contributors to this collection draw on a wide range of legal cases covering issues such as abortion, sexual harassment, employment discrimination, sexual abuse, pornography, family relationships, access to health and social assistance benefits, and electoral rights, among others. Their analysis reveals how essentially male judges decide cases that are mainly about women's equality claims. The volume's comparative perspective provides readers with the basis for independent pursuits of constitutional equality for women.


1. Introduction: toward a feminist constitutional agenda Beverly Baines and Ruth Rubio-Marin; 2. Speaking into a silence: embedded constitutionalism, the Australian Constitution and the rights of women Isabel Karpin and Karen O'Connell; 3. Using the Canadian Charter of Rights and Freedoms to constitute women Beverly Baines; 4. Emancipatory equality: gender under the Columbian Constitution Martha I. Morgan; 5. Gender equality and international human rights in Costa Rican constitutional jurisprudence Alda Facio, Rodrigo Jimenez and Martha Morgan; 6. Constituting women: the French ways Eric Millard; 7. Gender in the German Constitution Blanca Rodriguez Ruiz and Ute Sacksofsky; 8. India, sex equality, and constitutional law Martha C. Nussbaum; 9. Constitutional transformation, gender equality, and religious/national conflict in Israel: tentative progress through the obstacle course Ran Hirschl and Ayelet Shachar; 10. 'No nation can be free when one half of it is enslaved': constitutional equality for women in South Africa Saras Jagwanth and Christina Murray; 11. Engendering the constitution: the Spanish experience Ruth Rubio-Marin; 12. Gender equality from a constitutional perspective: the case of Turkey Hilal Elver; 13. Gender and the United States Constitution: equal protection, privacy, and Federalism Reva B. Siegel.


Beverly Baines is an Associate Professor in the Faculty of Law at Queen's University, Kingston, Ontario, Canada where she originated the Law Gender Equality and Feminist Jurisprudence courses. Her research interests include issues in constitutional law, feminist legal theory, anti-discrimination law, multiculturalism, and equality rights. She has contributed chapters to Conversation Among Friends - Entre Amies: Women and Constitutional Reform, Changing Patterns: Women in Canada, and Women and the Constitution, and has written articles for major Canadian and international journals. Ruth Rubio-Marin is Associate Professor of Constitutional Law at the University of Seville, Spain. She is author of Immigration as a Democratic Challenge: Citizenship and Inclusion in Germany and the United States and of articles on language rights, nationality, immigration and gender in law. She has taught at several North American academic institutions including Princeton University and Columbia Law School and is currently a member of the Hauser Global Law School Program at New York University.


"...this book is a welcome start. Separately and together, these articles add to our theoretical understanding and reaffirm a truth..." Judith A. Baer, Department of Political Science, Texas A&M University, Law and Politics Book Review "a must-have addition to libraries in comparative policy and especially feminist policy." - Dorothy E. McBride, Florida Atlantic University
EAN: 9780521530279
ISBN: 052153027X
Untertitel: Sprache: Englisch.
Erscheinungsdatum: September 2004
Seitenanzahl: 342 Seiten
Format: kartoniert
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