MVV410K Feminist Constitutionalism: Law, Gender and Constitutions

Právnická fakulta
podzim 2024
Rozsah
0/1/0. 3 kr. Ukončení: k.
Vyučující
Dr Ruth Houghton (cvičící), JUDr. Bc. Markéta Štěpáníková, Ph.D. (zástupce)
Professor Aoife O’Donoghue (cvičící), JUDr. Bc. Markéta Štěpáníková, Ph.D. (zástupce)
Garance
JUDr. Bc. Markéta Štěpáníková, Ph.D.
Právnická fakulta
Kontaktní osoba: Mgr. Věra Redrupová, B.A.
Dodavatelské pracoviště: Právnická fakulta
Rozvrh seminárních/paralelních skupin
MVV410K/01: Po 18. 11. 16:00–17:40 S125, Út 19. 11. 12:00–13:40 S125, St 20. 11. 16:00–17:40 S125, Čt 21. 11. 14:00–15:40 S125, 16:00–17:40 S125
Omezení zápisu do předmětu
Předmět je určen pouze studentům mateřských oborů.

Předmět si smí zapsat nejvýše 24 stud.
Momentální stav registrace a zápisu: zapsáno: 24/24, pouze zareg.: 50/24
Mateřské obory/plány
předmět má 60 mateřských oborů, zobrazit
Cíle předmětu
In this course we will look at the interplay between gender, law and constitutions. We will introduce key theoretical approaches to law and gender, and law and intersectionality. These theoretical approaches will underpin the courses’ focus on constitutional law and constitutional change. In particular, we will look at the impact of gender on constitutions and the impact constitutions have on gender. We will consider constitutional harm and evolution. We will introduce and engage with the expanding academic debates in feminist constitutionalism. We will consider examples where women and feminists have brought about constitutional change. This includes learning about and experimenting with feminist speculative and utopian praxis (through utopian short stories and through manifesto-writing). We will also consider what a feminist constitution might look like and mean, and we will have a go at drafting feminist constitutions.
Výstupy z učení
At the end of the course, students should be able to:
• demonstrate knowledge and understanding of: key theoretical approaches of law and gender; key debates in feminist constitutional scholarship; and, the relevance of gender issues in the determination of law and constitutional law;
• analyse how (constitutional) law affects people differently, depending on their gender and the ways in which (constitutional) law contributes to regulating and representing gender;
• critically analyse feminist legal theory and feminist legal practice within the area of constitutional law;
• synthesise material from diverse sources, exercise critical judgment and discuss the merits between particular arguments;
• write for different legal and political audiences;
• write and speak with care and precision in the analysis of the law and theory within this area of law.
Osnova
  • 1. Gender, Feminism and Law
  • Legal feminism draws attention in both theoretical and practical ways to the presumptions and structures that underpin law and legal theory. Here we will examine the theoretical arguments raised by legal feminists. This seminar focuses on the role that feminism has played, and more recently queer theory, as bodies of scholarly work which aim to help us think about and achieve gender equality and what we mean by gender equality in that context. Feminism and Queer theory offer theoretical, methodological and practical tools which will underpin discussions across this course. We will introduce feminist and queer thought and discuss different variations and histories. We will then look to explore the role of gender in detail, before finally discussing current issues today and dealing in the present with the treatment of women in the past.
  • 2. Intersectionality, Poststructuralism and Posthumanism
  • This seminar focuses on three key elements of feminist theory and practice, strands of intersectionality, poststructuralism and posthumanism. This will aid in considering the rich array of contemporary feminist thought, why there is such diversity and its relationships to other aspects of legal theory and jurisprudence. It will also consider what future feminist legal concerns might be and how we might consider thinking about them.
  • 3. Feminist Constitutionalism: Constitutional Change
  • In this seminar, we start to dive into constitutionalism and constitutional law and practice. In particular, we will be looking at the feminist debates on constitutionalism and feminist theories of constitutions. In this seminar, we will start to think about feminist approaches to constitutional change. In particular, we will reflect on what feminist approaches to constituent power might mean. Constituent power is the power to bring about constitutional change. It has traditionally been exercised by men, but there are contemporary and historical examples where women are active constituent power-holders. Moreover, feminist constitutional scholars are unearthing the ways in which women have participated as constituent-actors.
  • 4. Speculative Feminist Constitutions (Manifestos, Utopias)
  • Women’s dreams and aspirations for constitutional futures are conveyed in many different forms of communication. Women and feminist activists across history and around the world have used speculative and utopian literature as part of their political theorising. This seminar focuses on this use of speculative fiction and utopian thinking as a feminist praxis in constitutional change. We will learn about feminist manifestos and how these are used and understood as part of activism within constitutional change. We will critically engage with examples of these manifestos and examples of feminist speculative short-stories. In this seminar, we will engage in a zine-making exercise to develop experimental feminist manifestos.
  • 5. Drafting a Feminist Constitution
  • There are numerous examples where women and feminist activists have drafted their own constitutions. Whether they are attempting to reject the formal state processes or are seeking to be included, these examples show us how it is possible to draft feminist constitutions. Examples include where women have organised mock Constituent Assemblies and written draft constitutions, such as in Australia, or in Bolivia, the ‘Political, Feminist Constitution of the State: The Impossible Country We Build as Women’ imagine an alternative state infrastructure, constitution-drafting process, and constitutional text. In this seminar, we will learn about feminist engagement with constitutional-drafting as well as engage in our own constitutional drafting exercises.
Literatura
  • See the course description (syllabus) in the Learning Materials for full details.
Výukové metody
The teaching will be 5 x 100 minute interactive seminars. The seminars will be divided into:
• Short brief lectures by the academic team to deliever key content. Powerpoint slides will be used and these will be made available.
• Small group and class-wide discussions in response to seminar questions, which will be circulated in advance.
• Participatory activities (such as zine-making; constitution-drafting).

The majority of the class-time will involve active student participation.
Metody hodnocení
The course will be assessed through a portfolio of three assessments. Students will submit the following:
• A Zine Manifesto (2 pages) (worth 30% of the overall mark)
• A Draft Constitutional Provision (worth 30% of the overall mark)
• A Reflective Essay (1,000 words) (worth 40% of the overall mark).
Vyučovací jazyk
Angličtina
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