‘Total War on Spiritual Issues’: English feminists, Christian national identity and gender equality in wartime Britain

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 ◽  
Author(s):  
Louis Strange

Abstract In May 2018, voters in the Republic of Ireland passed a referendum proposal to repeal the Eighth Amendment of the Constitution, lifting the Irish state’s near-total ban on abortion. Scholars have argued that Ireland’s abortion ban has historically played a key role in the construction of Irish national identity along Catholic, traditional, and heteronormative lines, meaning the lead-up to the vote allowed for key insights into the discursive construction of national identity and gender in Ireland. Drawing on theoretical discussions in both the nationalism and Linguistic Landscape (LL) literature and adopting a qualitative, multimodal approach to analyse the referendum campaign’s LL, I argue that there was a dominant understanding of the relationship between women and Irish national identity, predicated on a positive stance towards Irish identity, while any dissenting voices which questioned whether advancing gender equality was compatible with nationalist ideology were confined to the margins of the debate.


2016 ◽  
Vol 33 (3) ◽  
pp. 79-94
Author(s):  
Moulay Rachid Mrani

If the development of technology, means of communication, and rapid transportation have made continents closer and made the world a small village, the outcome of the ensuing encounters among cultures and civilizations is far from being a mere success. Within this new reality Muslims, whether they live in majority or minority contexts, face multiple challenges in terms of relating to non-Muslim cultures and traditions. One of these areas is the status of women and gender equality. Ali Mazrui was one of the few Muslim intellectuals to be deeply interested in this issue. His dual belonging, as an African and as a westerner, enable him to understand such issues arising from the economic, political, and ethical contrasts between the West and Islam. This work pays tribute to this exceptional intellectual’s contribution toward the rapprochement between the western and the Islamic value systems, illustrating how he managed to create a “virtual” space for meeting and living together between two worlds that remain different yet dependent upon each other. 


This volume reframes the debate around Islam and women’s rights within a broader comparative literature. It examines the complex and contingent historical relationships between religion, secularism, democracy, law, and gender equality. Part I addresses the nexus of religion, law, gender, and democracy through different disciplinary perspectives (sociology, anthropology, political science, law). Part II localizes the implementation of this nexus between law, gender, and democracy, and provides contextualized responses to questions raised in Part I. The contributors explore the situation of Muslim women’s rights vis-à-vis human rights to shed light on gender politics in the modernization of the nation and to ponder over the role of Islam in gender inequality across different Muslim countries.


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