Feminist Constitutionalism: Global

Constitutionalism affirms the idea that democracy should not lead to the violation of human rights or the oppression of minorities. This book aims to explore the relationship between constitutional law and feminism. The contributors offer a spectrum of approaches and the analysis is set across a wide range of topics, including both familiar ones like reproductive rights and marital status, and emerging issues such as a 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 rights, multiculturalism, and diversity. As a collection, the book seeks to examine, challenge and indeed redefine the very idea of constitutionalism from a feminist perspective.

Foreword	p. ix
Contributors	p. xiii
Introduction: The Idea and Practice of Feminist Constitutionalism	p. 1
Feminism as a Challenge to Constitutional Theory
The Gendered Division of Household Labor: An Issue of Constitutional Rights	p. 15
Feminist Fundamentalism and the Constitutionalization of Marriage	p. 48
Abortion, Dignity, and a Capabilities Approach	p. 64
Feminism and Judging
Her-meneutics: Feminism and Interpretation	p. 85
Intuition and Feminist Constitutionalism	p. 98
Women Judges, "Maiden Speeches," and the High Court of Australia	p. 113
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	p. 132
Constitutional Adjudication and Substantive Gender Equality in Hong Kong	p. 149
Feminism, Democracy, and Political Participation
The Gendered State and Women's Political Leadership: Explaining the American Puzzle	p. 169
On Parity, Interdependence, and Women's Democracy	p. 188
Women's Involvement in International Constitution-Making	p. 204
Between Constitutional Jurisdiction and Women's Rights Organizations: Women, War, and the Space of Justice in Colombia	p. 223
The Promise of Democratic Constitutionalism: Women, Constitutional Dialogue, and the Internet	p. 240
The Constitutionalism of Reproductive Rights
Pregnancy, Equality, and U.S. Constitutional Law	p. 263
Federal Spending and Compulsory Maternity	p. 281
Challenges for Contemporary Reproductive Rights Advocacy: The South African Example	p. 298
Women's Rights, Multiculturalism, and Diversity
Constitutional Rights of Women under Customary Law in Southern Africa: Dominant Interventions and "Old Pathways"	p. 317
Minority Women: A Struggle for Equal Protection against Domestic Violence	p. 336
Watch GRACE Grow: South African Customary Law and Constitutional Law in the Equality Garden	p. 357
Critical Multiculturalism	p. 377
Democratic Theory, Feminist Theory, and Constitutionalism: The Challenge of Multiculturalism	p. 393
Women Between Secularism and Religion
Secular Constitutionalism and Muslim Women's Rights: The Turkish Headscarf Controversy and Its Impact on the European Court of Human Rights	p. 413
On God, Promises, and Money: Islamic Divorce at the Crossroads of Gender and the Law	p. 433
Polygamy and Feminist Constitutionalism	p. 452
Index	p. 475
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Feminist Constitutionalism: Global Perspectives

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