Feminist Constitutionalism: Global Perspectives

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Beverley Baines, Daphne Barak-Erez, Tsvi Kahana
Cambridge University Press, Apr 16, 2012 - Law - 477 pages
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.
 

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Contents

Introduction
1
part i Feminism as a Challenge to Constitutional Theory
13
2 Feminist Fundamentalism and the Constitutionalization of Marriage
48
3 Abortion Dignity and a Capabilities Approach
64
part ii Feminism and Judging
83
5 Intuition and Feminist Constitutionalism
98
6 Women Judges Maiden Speeches and the High Court of Australia
113
7 Will Watertight Compartments Sink Womens Charter Rights? The Need for a New Theoretical Approach to Womens Multiple Rights Claims under ...
132
part iv The Constitutionalism of Reproductive Rights
261
15 Federal Spending and Compulsory Maternity
281
16 Challenges for Contemporary Reproductive Rights Advocacy
298
part v Womens Rights Multiculturalism and Diversity
315
18 Minority Women
336
19 Watch GRACE Grow
357
20 Critical Multiculturalism
377
21 Democratic Theory Feminist Theory and Constitutionalism
393

8 Constitutional Adjudication and Substantive Gender Equality in Hong Kong
149
Part iii Feminism Democracy and Political Participation
167
10 On Parity Interdependence and Womens Democracy
188
11 Womens Involvement in International ConstitutionMaking
204
12 Between Constitutional Jurisdiction and Womens Rights Organizations
223
13 The Promise of Democratic Constitutionalism
240
part vi Women between Secularism and Religion
411
23 On God Promises and Money
433
24 Polygamy and Feminist Constitutionalism
452
Index
475
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About the author (2012)

Beverley Baines is a Professor of Law, Gender Studies, and Policy Studies at Queen's University. Since 2005, she has served as Head, Department of Gender Studies. Since co-editing The Gender of Constitutional Jurisprudence with Ruth Rubio-Marin (2004), she has authored papers on sex equality jurisprudence under the Canadian Charter of Rights and Freedoms; the implications of long-term care homes legislation for women; feminism and contextualism in the jurisprudence of former Supreme Court of Canada Justice Bertha Wilson; and the Charter conflicts posed for feminist sex equality proponents by religious freedom claimants in the contexts of polygamy (in Canada), faith-based family arbitrations (in Ontario) and multicultural accommodation (in Quebec).

Daphne Barak-Erez is a Professor of Law at the Faculty of Law of Tel-Aviv University, where she holds the Stewart and Judy Colton Chair of Law and Security. She specializes in administrative law, constitutional law, comparative law and gender law. She is the recipient of several prizes, including the Rector's Prize for Excellence in Teaching (twice), the Zeltner Prize, the Woman of the City Award (by the City of Tel Aviv) and the Women in Law Award (by the Israeli Bar Association). She is the author and editor of three books, most recently, the author of Outlawed Pigs (2007) and the co-editor of Exploring Social Rights (2007), and has published more than seventy articles.

Tsvi Kahana is an Assistant Professor of Law at the Faculty of Law, Queen's University. He is the co-editor (with Richard W. Bauman) of The Least Examined Branch: The Role of Legislatures in the Constitutional State (2006). He works in the area of constitutional law and theory with a particular emphasis on the role of legislatures. He is also the co-editor of the Review of Constitutional Studies. Between 2000 and 2004 he was the Executive Director of the Centre for Constitutional Studies at the University of Alberta.

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