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Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.
Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
We are all living through modern constitutional history in the making, and Ordinary Equality helps teach about the past, present, and future of the Equal Rights Amendment (ERA) through the lives of the bold, fearless women and queer people who have helped shape the U.S. Constitution. Ordinary Equality digs into the fascinating and little-known history of the ERA and the lives of the incredible—and often overlooked—women and queer people who have helped shape the U.S. Constitution for more than 200 years. Based on author Kate Kelly’s acclaimed podcast of the same name, Ordinary Equality recounts a story centuries in the making. From before the Constitution was even drafted to the modern day, she examines how and why constitutional equality for women and Americans of all marginalized genders has been systematically undermined for the past 100-plus years, and then calls us all to join the current movement to put it back on the table and get it across the finish line. Kate Kelly provides a much-needed fresh perspective on the ERA for feminists of all ages, and this engaging, illustrated look at history, law, and activism is sure to inspire many to continue the fight. Individual chapters tell the stories of Molly Brant (Koñwatsi-tsiaiéñni / Degonwadonti), Abigail Adams, Phillis Wheatley, Matilda Joslyn Gage, Alice Paul, Mary Church Terrell, Pauli Murray, Martha Wright Griffiths, Patsy Takemoto Mink, Barbara Jordan, and Pat Spearman, and features other key players and concepts, including Ruth Bader Ginsburg, Title IX, Danica Roem, and many more.
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.
Authors Goldstein, Baer, Daum and Fine 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 among feminist activists. Building on three previous editions, this book combines updated material on constitutional law, sex and gender discrimination, and women's reproductive rights, with new cases and readings on family law, criminal law, and LGBT rights. Discussion has been expanded to include questions of whether or not the prohibitions on sex discrimination in Title VII and Title IX protect trans individuals. New material covers emerging policy concerns such as female genital mutilation, child marriage, and the Trump Administration's policy changes on gender issues. 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, the capacity of law to effect societal change, and the effect of presidential and Senate politics on U.S. Supreme Court nominations and confirmations. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. Topics also include constitutional history, shifting interpretations of employment discrimination and gender equality, changes in reproductive technology and associated policy responses, divorce and dissolution of domestic partnerships, child custody, education, same-sex marriage, pornography, and domestic violence.
This updated edition of Women in Parliament: Beyond Numbers Handbook covers the ground of women's access to the legislature in three steps: It looks into the obstacles women confront when entering Parliament be they political, socio-economic or ideological and psychological. It presents solutions to overcome these obstacles, such as changing electoral systems and introducing quotas, and it details strategies for women to influence politics once they are elected to parliament, an institution which is traditionally male dominated. The first Women in Parliament: Beyond Numbers handbook was produced as part of IDEA's work on women and political participation in 1998. Since its release in English in 1998, there has been an ongoing interest and demand for the handbook, and responding to the request for the translation of the handbook, IDEA has produced Spanish, French and Indonesian language versions and a Russian overview of the handbook during 2002-2003. Since the first handbook was published, the picture regarding women's political participation has slowly changed. Overall the past decade has seen gradual progress with regard to women's presence in national parliaments. This second edition incorporates relevant global changes in the past years presenting new and updated case studies.--
An account of the ramifications of the passage of the Nineteenth Amendment and the divisions it created in the courts and Congress, and in the women's movement itself.Constitutional Orphan explores the role of former suffragists in the constitutional development of the Nineteenth Amendment, during the decade following its ratification in 1920. It examines the pivot to new missions, immediately after ratification, by two national suffrage organizations, the National Woman's Party and the National American Woman Suffrage Association. The NWP turned from suffrage to a federal equal rights amendment. NAWSA became the National League of Women Voters, and turned to voter education and social welfare legislation. The book then connects that pivot by both groups, to the emergence of a thin conception of the Nineteenth Amendment, as a matter of constitutional interpretation. It surfaces the history around the Congressional failure to enact enforcement legislation, pursuant to the Nineteenth, and connects that with the NWP's perceived need for southern Congressional votes for the ERA. It also explores the choice to turn away from African American women suffragists asking for help to combat voter suppression efforts, after the November 1920 presidential election; and then evaluates the deep divisions among NWP members, some of whom were social feminists who opposed the ERA, and the NLWV, which supported the social feminists in that opposition. The book also analyzes how state courts, left without federal enforcement legislation to constrain or guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth. It concludes with an examination of new legal scholarship, which suggests broader ways in which the Nineteenth could be used today to expand gender equality.
This collection of essays focuses on the various arguments for and against woman suffrage by federal constitutional amendment rather than by individual states. An essay by Henry Wade Rogers provides an interesting counterpoint to another volume in this collection, "Woman's Suffrage by Constitutional Amendment," by Henry St. George Tucker [Section VII, no. 380].
In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.