Feminist Curiosity about International Constitutional Law and Global Constitutionalism

Journal of the Oxford Centre for Socio-Legal Studies, Issue 1, 2019

21 Pages Posted: 5 Aug 2019

See all articles by Jenna Sapiano

Jenna Sapiano

Monash Gender, Peace & Security

Beverley Baines

Queen's University - Faculty of Law

Date Written: July 17, 2019

Abstract

Cynthia Enloe’s theory of feminist curiosity inspired us to ask whether feminist International Constitutional Law (ICL) scholars and their Global Constitutionalism (GC) counterparts apply the same concept of gender to the internationalization/globalization of constitutional norms. We analyzed ICL scholarship on substantive rights to security and equality (Hilary Charlesworth and Christine Chinkin), freedom from violence (Catharine A. MacKinnon), and parity (Ruth Rubio-Marín) and GC scholarship on processes of contestation (Antje Wiener), proportionality (Anne Peters), and democratic iterations (Seyla Benhabib). Our findings, in the form of a hypothesis, are that gender specificity infuses the former and gender inclusivity, the latter. In other words, these scholars take competing approaches to protecting (ICL) and empowering (GC) women. This hypothesis sets the stage for the conversations we imagine these feminist scholars might have: Charlesworth and Chinkin with Wiener about the rule of law; MacKinnon and Peters about the separation of powers; and Rubio-Marín and Benhabib about democracy. Their collective insights could yield constructive connections that advance women’s protection and empowerment domestically, internationally, and globally.

Keywords: feminism, international constitutional law, global constitutionalism

Suggested Citation

Sapiano, Jenna and Baines, Beverley, Feminist Curiosity about International Constitutional Law and Global Constitutionalism (July 17, 2019). Journal of the Oxford Centre for Socio-Legal Studies, Issue 1, 2019. Available at SSRN: https://ssrn.com/abstract=3430601

Jenna Sapiano

Monash Gender, Peace & Security ( email )

Clayton Victoria, 3800
Australia

Beverley Baines (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
23
Abstract Views
144
PlumX Metrics