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To explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
The Constitutional and Legal Rights of Women: Cases in Law and Social Change is designed to provide undergraduate students with a comprehensive, sophisticated treatment of the legal status of all American women. Authors Baer and Goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law - as well as the dynamics and dissension within the feminist movement. Building on Goldstein's previous editions, this book combines updated material on constitutional law, gender discrimination, and women's rights with new cases and readings on family law, gay rights, and criminal law. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, and the capacity of law to effect societal change. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. equality, advances in reproductive technology law, divorce, child custody, education, same-sex marriage, pornography, and domestic violence. Special features include: a timetable of national women's rights cases and legal changes; readings that present opposing views on issues such as pornography, rape, and the battered woman syndrome; historical coverage; discussion questions following most cases; and a supplemental website.
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.
The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by women’s rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.
Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.
Monograph reviewing constitutional law jurisprudence pertaining to women's rights in the USA, in view of sex discrimination and equal opportunity - covers historical cases of due process, protection of women and discrimination against men, contraception and the right to privacy, etc. References.
Constitutions and gender is a new and exciting field, 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. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.