Constitutional Justifications for Parity Democracy

Alabama Law Review, vol. 60, n. 5, 2009, 1167-1190

25 Pages Posted: 9 Mar 2018

See all articles by Ruth Rubio-Marin

Ruth Rubio-Marin

European University Institute; European University Institute - Department of Law (LAW); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: 2009

Abstract

The question of legally sanctioning gender parity in political representation has often been lumped together with the related question of legally sanctioned representation quotas. Both questions raise a variety of constitutional issues: Are quotas, or is parity, incompatible with, or on the other hand required by, the principle of gender equality? Is either compatible with the right of male candidates to stand for elections? Are they both compatible with the political freedom of political parties, on the one hand, and of the electorate, on the other? Are they consistent with the system of general and unitary representation that underlies political representation in modern states? These and possibly other issues can in turn be confronted from different constitutional standpoints. Broadly speaking, they can be approached as issues of constitutional rights or as issues of democratic representation. Each of these two standpoints allows for variations.

Keywords: Deliberative Democracy, Gender parity

JEL Classification: K00

Suggested Citation

Rubio-Marin, Ruth, Constitutional Justifications for Parity Democracy (2009). Alabama Law Review, vol. 60, n. 5, 2009, 1167-1190, Available at SSRN: https://ssrn.com/abstract=3134029

Ruth Rubio-Marin (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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