Constituting Equality: Gender Equality and Comparative Constitutional Law

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include (1) governmental structure (particularly electoral gender quotas); (2) rights provisions; (3) constitutional recognition for cultural or religious practices that discriminate against women; (4) domestic incorporation of international law; and (5) the role of women in the process of constitution-making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? Many people might assume that you would include a provision guaranteeing equality on the basis of sex or gender and then you would be done. But, in fact, almost every aspect of a constitution can have an effect on gender equality - from the choice of who will govern and how they are elected, to the role of religion or culture in the society, to the kinds of rights protected by the constitution. This book offers an introduction to this broad range of issues and possibilities.