Reconciling Constitutional Law, Gender Equality and Religious Difference

Author(s):  
Mark Tushnet

This article examines the evolution of the field of comparative constitutional law and its relationship to politics and international rights; constitutionalism; constitutional foundings and transformations; constitutional structures; structures of judicial review; generic constitutional law; and national identity. Innumerable comparative studies address the ways in which different constitutions and constitutional systems deal with specific topics, such as privacy, free expression, and gender equality. However valuable such studies have been in bringing information about other constitutional systems to the attention of scholars versed in their own systems, their analytic payoff is sometimes questionable. Scholarship in comparative constitutional law is perhaps too often insufficiently sensitive to national differences that generate differences in domestic constitutional law. Or, put another way, that scholarship may too often rest on an implicit but insufficiently defended preference for the universalist approach to comparative legal study over the particularist one.


Author(s):  
Mark Tushnet

This article examines the evolution of the field of comparative constitutional law and its relationship to politics and international rights; constitutionalism; constitutional foundings and transformations; constitutional structures; structures of judicial review; generic constitutional law; and national identity. Innumerable comparative studies address the ways in which different constitutions and constitutional systems deal with specific topics, such as privacy, free expression, and gender equality. However valuable such studies have been in bringing information about other constitutional systems to the attention of scholars versed in their own systems, their analytic payoff is sometimes questionable. Scholarship in comparative constitutional law is perhaps too often insufficiently sensitive to national differences that generate differences in domestic constitutional law. Or, put another way, that scholarship may too often rest on an implicit but insufficiently defended preference for the universalist approach to comparative legal study over the particularist one.


2021 ◽  
Vol 10 (4) ◽  
pp. 133
Author(s):  
Colleen Boland

In Europe, gender equality can be framed as a secular value, juxtaposed against affiliation with and practice of Islam. Academic and public debate has either given special attention to the spread of religious fundamentalism in Europe, or to the way Muslim women dress, citing how both purportedly jeopardize gender equality. This is despite findings that a link between gender equality and religiosity or practice of Islam is neither inherent nor circumscribed. Moreover, it is possible to demonstrate that such discourse rests on implicitly racialized conceptualizations of the Muslim “other”. Meanwhile, Muslim youth in particular are benchmarked against these imagined standards of gender equality, as compared with non-Muslim peers. This work examines ways in which normative secular frameworks and discourses, taking ownership of gender equality narratives, have shaped Europe’s academic inquiry regarding Muslim youth. It notes what is absent in this inquiry, including intersections of race and class, which remain divorced from the limited conversation on gender and religious difference. A reflexive, intersectional approach to this discussion, conscious of the importance of embedded racial or structural inequality and what is absent in current inquiry, better serves in understanding and navigating power relations that ultimately contribute to multiple exclusion of these youth.


Author(s):  
Sónia Fertuzinhos

The 1976 Constitution included equal rights for women in Portuguese constitutional law for the first time. This article uses the literature and the texts of parliamentary debates to analyse the evolution of the constitutional bases for gender equality over the 40-year life of the Constitution and its seven reviews to date. The break with the previous constitutional experience, especially that of 1933, and the transformative dimension of the Constitution that arose from the 1974 revolution are at the roots of the key role the latter had and has in promoting gender equality and public policies in this area. The densification of the gender equality dimension of the principle of equality, marked by increasing demand for factual and not just formal equality, illustrates and accompanies the path taken by women’s rights. The study of that path makes it possible to identify several points for discussion and deepening in future research, including the influence of Portugal’s participation in the European project and in different international organisations, and the importance of the role of different actors in the process of constructing the constitutional text in the gender equality field, with particular attention to women’s organisations.


Yuridika ◽  
2010 ◽  
Vol 25 (2) ◽  
Author(s):  
Yeyen .

Women’s inequality seems to be a product of political, legal, cultural and religious forces. Research has been conducted on the experience of gender equality of other countries, in this case, Australia. The promotion of gender equality through the politico-legal process,especially through its Constitution and legislation, has resulted in significant progress for women in Australia. This article uses gender analysis. The Australian constitution will be analyzed in in a gendered way. It is expected that the findings may assist in improving the constitutional framework for the protection of women’s rights in Indonesia. Thus, the aim of this paper is to question how Indonesia can learn from a liberal democratic state to empower women through constitutional amendments or other politico-legal processes.Keywords : gender equality – constitutional law – gender analysis


1990 ◽  
Vol 35 (2) ◽  
pp. 126-127
Author(s):  
Vicki S. Helgeson
Keyword(s):  

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