By Susan H. Williams
Constituting Equality addresses the query, how might you write a structure in case you rather cared approximately gender equality? The ebook takes a design-oriented method of the large diversity of matters that come up in constitutional drafting bearing on gender equality. each one component of the e-book examines a specific set of constitutional matters or doctrines throughout various diversified international locations to discover what works, the place, and why. subject matters comprise (1) governmental constitution (particularly electoral gender quotas); (2) rights provisions; (3) constitutional attractiveness for cultural or spiritual practices that discriminate opposed to ladies; (4) household incorporation of overseas legislation; and (5) the function of girls within the strategy of constitution-making. Interdisciplinary in orientation and worldwide in scope, the booklet presents a menu for constitutional designers and others drawn to how the basic criminal order may well extra successfully advertise gender equality.
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Extra resources for Constituting Equality: Gender Equality and Comparative Constitutional Law
First, different types of gender quotas are chosen to match different electoral systems, but also to correspond to the prevailing national discourse about representation and democracy. 9 D. Gender Neutral? Gender quotas may be designed to require a minimum level of representation for women or may state a maximum-minimum level of representation for both sexes, for instance, no more than 60 percent and no less than 40 percent 7 8 9 Richard Matland & Donley T. Studlar, The Contagion of Women Candidates in Single Member and Multi-Member Districts, 58 J.
One example of constitution making in terms of gender is the adoption of electoral gender quotas. During the past ten years, an increasing number of states have enacted statutes to promote the number of women in public decision making. Today, forty-eight countries have introduced special measures in the form of legislative quotas stipulated in their constitution and/or electoral laws. 2 Legislative quotas have often been introduced at times when new constitutions were being written and structures of government were being rebuilt or as part of broader constitutional reforms.
They highlight the growing porosity of national boundaries in terms of the actors and legal materials that shape constitutional interpretation. This fact also has important implications for the practical, theoretical, and legal questions raised above. In terms of practical issues, the influence of international and cross-national actors and sources of law provides new practical resources for women seeking to remake their nation’s constitutional commitment to gender equality. In terms of the theoretical issues, the interpenetration of different sources and systems of law provides a basis for new models of citizenship and constitutional values, as the two chapters explain.