Gender and the Constitution: Equity and Agency in Comparative Constitutional Design

by Helen Irving

• ISBN13: 9780521707459
• ISBN10: 0521707455
• Edition: 1st
• Format: Paperback
• Copyright: 2008-01-21
• Publisher: Cambridge University Press

Summary

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.

Author Biography

Helen Irving holds degrees in political science, anthropology, history, and law. She currently teaches in the Faculty of Law at the University of Sydney. Professor Irving has taught political science and law in several Australian universities since her first appointment in 1977 and was visiting professor at Harvard Law School from 2005 to 2006. She is the author of To Constitute a Nation: A Cultural History of Australia's Constitution and Five Things to Know about the Australian Constitution. She is also the editor of A Woman's Constitution?: Gender and History in the Australian Commonwealth, The Centenary Companion to Australian Federation, and Unity and Diversity: A National Conversation, among others.

Table of Contents

Acknowledgments	p. vii
	p. 1
Framework	p. 23
Constitutional Language	p. 38
Federalism	p. 65
Citizenship	p. 90
Representation	p. 109
The Constitutional Court	p. 134
Equality Rights	p. 162
Reproductive Rights	p. 191
International and Customary Law	p. 219
Conclusions: Amendment and Compliance	p. 251
Index	p. 260
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