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Borderlines in Private Law

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Women as Constitution-Makers: Case Studies from the New Democratic Era

Edited by: Ruth Rubio-Marin, Helen Irving

ISBN13: 9781108734530
Published: November 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2019)
Price: £36.99
Hardback edition , ISBN13 9781108492775



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That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations.

This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction Ruth Rubio-Marin and Helen Irving
1. Women's movements and the recognition of gender equality in the constitution-making process in Morocco and Tunisia (2011-14)
Sara Borrillo
2. Women and constitution-making in post-Communist Romania
Elena Brodeala and Silvia Suteu
3. Re-living yesterday's battles: women and constitution-making in post-Saddam Iraq
Noga Efrati
4. Women's participation in peace-building and constitution-making in Somalia
Sakuntala Kadirgamar
5. Feminist legalism: Colombian constitution-making in the 1990s
Julieta Lemaitre
6. Women and constitution-making in Turkey: from Ottoman modernism to a constitutionalism of women's platform
Bertil Emrah Oder
7. Egypt's tale of two constitutions: diverging gendered processes and outcomes
Mariz Tadros
8. Dialogic democracy, feminist theory, and women's participation in constitution-making
Susan H. Williams