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Feminist constitutionalism : global perspectives / edited by Beverley Baines, Daphne Barak-Erez, Tsvi Kahana : foreword by Catharine A. MacKinnon.

Contributor(s): Publication details: Cambridge ; New York : Cambridge University Press, 2012.Description: xv, 477 p. : ill. ; 24 cmISBN:
  • 9780521761574 (hbk.)
  • 9780521137799 (pbk.)
Subject(s): DDC classification:
  • 342.08/78 23
LOC classification:
  • K3243 .F456 2012
Other classification:
  • LAW052000
Contents:
Table of Contents: Part I. Feminism as a Challenge to Constitutional Theory: 1. Rethinking constitutionalism through the lens of the gendered division of household labour Jennifer Nedelsky 2. Feminist fundamentalism and the constitutionalization of marriage Mary Anne Case 3. Abortion, dignity, and a capabilities approach Rosalind Dixon and Martha Nussbaum Part II. Feminism and Judging: 4. Her-meneutics: feminism and interpretation Daphne Barak-Erez 5. Intuition and feminist constitutionalism Suzanne Goldberg 6. Women judges, 'maiden speeches', and the high court of Australia Heather Roberts 7. Will 'watertight compartments' sink women's charter rights? The need for a new theoretical approach to women's multiple rights claims under the Canadian Charter of Rights and Freedoms Kerri Froc 8. Constitutional adjudication and substantive gender equality in Hong Kong Kelley Loper Part III. Feminism, Democracy and Political Participation: 9. The gendered state and women's political leadership: explaining the American puzzle Eileen McDonagh and Paula A. Monopoli 10. On parity, independence, and women's democracy Blanca Rodriguez-Ruiz and Ruth Rubio-Marin 11. Women's involvement in international constitution-making Elizabeth Katz 12. Between constitutional jurisdiction and women's rights organizations: women, war, and the space of justice in Colombia Carolina Vergel Tovar 13. The promise of democratic constitutionalism: women, constitutional dialogue, and the Internet Tsvi Kahana and Rachel Stephenson Part IV. The Constitutionalism of Reproductive Rights: 14. Pregnancy, equality, and U.S. constitutional law Jennifer S. Hendricks 15. Federal spending and compulsory maternity Nicole Huberfeld 16. Challenges for contemporary reproductive rights advocacy: the South African example Rachel Rebouché Part V. Women's Rights, Multiculturalism, and Diversity: 17. Constitutional rights of women under customary law in Southern Africa: dominant interventions and 'old pathways' Chuma Himonga 18. Minority women: a struggle for equal protection against domestic violence Puja Kapai 19. Watch GRACE grow: African customary law and constitutional law in the equality garden Jewel Amoah 20. Critical multiculturalism Vrinda Narain 21. Democratic theory, feminist theory, and constitutionalism: the challenge of multiculturalism Susan H. Williams Part VI. Women between Secularism and Religion: 22. Secular constitutionalism and Muslim women's rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights Hilal Elver 23. On God, promises, and money: Islamic divorce at the crossroads of gender and the law Pascale Fournier 24. Polygamy and feminist constitutionalism Beverley Baines.
Summary: "This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the ananlysis is set across a wide range of topics, including both familiar ones liek reproductive rights and marital status, to emerging issues such as new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into five parts: I) Feminism as a challenge to constitutional theory; II) Feminism and judging; III) Feminism, democracy and political participation; IV) The constitutionalism of reproductive rights; and V) Women's right, multiculturalism, and diversity. As a collection, the book seeks to examine, challenge, and indeed redefine the very idea of consitiutionalism from a feminist perspective"-- Provided by publisher.
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Item type Current library Call number Status Date due Barcode
BOOKs BOOKs National Law School 342.0878 BAI (Browse shelf(Opens below)) Available 27394

Includes bibliographical references and index.

Table of Contents:
Part I. Feminism as a Challenge to Constitutional Theory:
1. Rethinking constitutionalism through the lens of the gendered division of household labour Jennifer Nedelsky
2. Feminist fundamentalism and the constitutionalization of marriage Mary Anne Case
3. Abortion, dignity, and a capabilities approach Rosalind Dixon and Martha Nussbaum
Part II. Feminism and Judging:
4. Her-meneutics: feminism and interpretation Daphne Barak-Erez
5. Intuition and feminist constitutionalism Suzanne Goldberg
6. Women judges, 'maiden speeches', and the high court of Australia Heather Roberts
7. Will 'watertight compartments' sink women's charter rights? The need for a new theoretical approach to women's multiple rights claims under the Canadian Charter of Rights and Freedoms Kerri Froc
8. Constitutional adjudication and substantive gender equality in Hong Kong Kelley Loper
Part III. Feminism, Democracy and Political Participation:
9. The gendered state and women's political leadership: explaining the American puzzle Eileen McDonagh and Paula A. Monopoli
10. On parity, independence, and women's democracy Blanca Rodriguez-Ruiz and Ruth Rubio-Marin
11. Women's involvement in international constitution-making Elizabeth Katz
12. Between constitutional jurisdiction and women's rights organizations: women, war, and the space of justice in Colombia Carolina Vergel Tovar
13. The promise of democratic constitutionalism: women, constitutional dialogue, and the Internet Tsvi Kahana and Rachel Stephenson
Part IV. The Constitutionalism of Reproductive Rights:
14. Pregnancy, equality, and U.S. constitutional law Jennifer S. Hendricks
15. Federal spending and compulsory maternity Nicole Huberfeld
16. Challenges for contemporary reproductive rights advocacy: the South African example Rachel Rebouché
Part V. Women's Rights, Multiculturalism, and Diversity:
17. Constitutional rights of women under customary law in Southern Africa: dominant interventions and 'old pathways' Chuma Himonga
18. Minority women: a struggle for equal protection against domestic violence Puja Kapai
19. Watch GRACE grow: African customary law and constitutional law in the equality garden Jewel Amoah
20. Critical multiculturalism Vrinda Narain
21. Democratic theory, feminist theory, and constitutionalism: the challenge of multiculturalism Susan H. Williams
Part VI. Women between Secularism and Religion:
22. Secular constitutionalism and Muslim women's rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights Hilal Elver
23. On God, promises, and money: Islamic divorce at the crossroads of gender and the law Pascale Fournier
24. Polygamy and feminist constitutionalism Beverley Baines.

"This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the ananlysis is set across a wide range of topics, including both familiar ones liek reproductive rights and marital status, to emerging issues such as new societal approach to household labor and participation of women in constitutional discussions online. The book is divided into five parts: I) Feminism as a challenge to constitutional theory; II) Feminism and judging; III) Feminism, democracy and political participation; IV) The constitutionalism of reproductive rights; and V) Women's right, multiculturalism, and diversity. As a collection, the book seeks to examine, challenge, and indeed redefine the very idea of consitiutionalism from a feminist perspective"-- Provided by publisher.

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