Gender of Constitutional Jurisprudence (eBook, PDF)

Redaktion: Baines, Beverley

• Format: PDF

Produktbeschreibung

To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 20. September 2004
• Englisch
• ISBN-13: 9780511227493
• Artikelnr.: 38194827

Autorenporträt

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.

Inhaltsangabe

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 Jiménez and Martha Morgan; 6. Constituting women: the French
ways Eric Millard; 7. Gender in the German Constitution Blanca Rodríguez
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.