Rubio-Marín, Ruth --- "Women's political citizenship in new European constitutionalism: between constitutional amendment and progressive interpretation" [2017] ELECD 846; in Irving, Helen (ed), "Constitutions and Gender" (Edward Elgar Publishing, 2017) 323

Book Title: Constitutions and Gender

Editor(s): Irving, Helen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784716950

Section: Chapter 12

Section Title: Women's political citizenship in new European constitutionalism: between constitutional amendment and progressive interpretation

Author(s): Rubio-Marín, Ruth

Number of pages: 34

Abstract/Description:

This chapter provides a typology of measures through which constitutional hurdles of a different nature against gender quotas legislation in Europe have been overcome. While it does not purport to be exhaustive, the list of countries covered is quite comprehensive and intentionally includes countries with different citizenship traditions (where this has proven a relevant factor to the quotas conversation), as well as a variety of constitutional architectures regarding sex equality. The typology distinguishes between constitutional reform and constitutional interpretation as the main constitutional mechanisms to overcome constitutional hurdles, and shows that the former has been the dominant tool in Europe in either a pure or a combined form. Within the former category, the chapter distinguishes between ‘pre-emptive’, ‘enabling’ and ‘reinforcing’ constitutional amendments.