Gender and the Constitution Equity and Agency in Comparative Constitutional Design 1st Edition by Helen Irving 0521881080 9780521881081

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ISBN 10: 0521881080

ISBN 13: 9780521881081

Author: Helen Irving

We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a ‘gender audit’ of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.

Gender and the Constitution Equity and Agency in Comparative Constitutional Design 1st Table of contents:

1 Framework
Old and New Constitutionalism
Framework for Analysis
Commonality and Difference

2 Constitutional Language
Gendered Words
Are Women People?
Are Women Persons?
Interpretation
Interpretation and Gender
Conclusion

3 Federalism
Jurisdiction
What Is Truly National?
Jurisdictional Reclassification
Policy
Impact
Contextual Federalism

4 Citizenship
Normative Citizenship
Citizenship and Rights
Citizenship Integrity
Citizenship and Marriage
Citizenship by Descent
Constitutional Protection
Conclusion

5 Representation
More than the Vote
Gender Quotas
Quotas and Equality Rights
Transitional or Permanent Quotas?
Electoral Systems
House Rules
Women in Government

6 The Constitutional Court
Getting on the Bench
The Judicial “Voice”
Standing
Disadvantages in Broad Standing
Remedies
Standing in Utero
Costs of Actions
Legal Aid
Conclusion

7 Equality Rights
Express Rights
Substantive Rights
Who is Bound by Rights?
Silent Rights
Limits on Rights
Balancing Rights
Rights Hierarchies
The Case of Pornography

8 Reproductive Rights
Beyond Rights
Abortion and Contraception
Reproduction and Privacy
Protection of Maternity
Parents and Children

9 International and Customary Law
Express Incorporation
Derivative Incorporation
Blended Incorporation
Constitutional Recognition and Inconsistency
Jus Cogens
The Gender of International Law
Should International Law be Incorporated?
Constitutionalized International Norms
Customary Law
Reconciling Custom and Constitutionalism
Prioritizing and Balancing
Religious Law

Conclusions: Amendment and Compliance

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Tags: Helen Irving, Gender, Constitution, Equity, Agency