Constitutions and Gender
Show Less

Constitutions and Gender

Edited by Helen Irving

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Gender equality, interpretation, and feminist pluralism

Vicki C. Jackson

Abstract

How do commitments to gender equality intersect with approaches to constitutional interpretation? An important element of feminist approaches to law is an emphasis on understanding contexts. When one considers the wide range of contexts in which questions of constitutional interpretation arise, it follows that there is no single answer to what ‘feminist interpretation’ would be. The answer depends on the context, including the particular constitution at issue. Section 8.2 of this chapter argues that there are at least four general principles, which most feminists can share, that should inform the choice of interpretive theory. Section 8.3 evaluates several major approaches to constitutional interpretation. Finally, Section 8.4 suggests that multi-valenced practice-based forms of interpretation, which include a focus on relationships (among people and institutions), will often be a way of pulling together strands of interpretive approaches that enable advancement of gender equality in the context of the broader demands of interpretation in constitutional democracies.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.