Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.668709
Title: The constitutionality of electoral quotas for women
Author: Diaz de Valdes, Jose Manuel
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2015
Availability of Full Text:
Access through EThOS:
Full text unavailable from EThOS. Restricted access.
Access through Institution:
Abstract:
This thesis explores the constitutionality of compulsory electoral quotas for women imposed by law. The central question this thesis attempts to answer is what makes these quotas constitutional or unconstitutional in a given jurisdiction. A double methodology was employed to answer this question: theoretical and comparative. From a theoretical perspective, it is proposed that the constitutionality of electoral quotas for women depends on the approach that domestic legal orders adopt to four issues: political representation, equality, affirmative action and political rights. An additional crosscutting factor that influences the constitutionality of these quotas is gender, mainly through its effects on the understanding of political representation and equality. From the comparative law perspective, three jurisdictions were analysed: France, Spain and Mexico. After exploring these systems' approaches to political representation, equality, affirmative action and political rights, the process of adoption of electoral quotas for women is discussed, particularly the constitutional litigation about quota laws. Finally, the relationship between the theory and the practice of assessing the constitutionality of electoral quotas for women is analysed, concluding that although courts use a theoretical framework formed by political representation, equality, affirmative action and political rights, they adopt a somewhat simplistic approach to these issues, using only one of these theoretical factors as the primary determinant, often side-stepping the most controversial issues connected with these factors, and almost completly ignoring the particularities of the target group (women). Additionally, in each jurisdiction the decisions of the courts are also influenced by domestic political and legal factors.
Supervisor: McCrudden, Christopher Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.668709  DOI: Not available
Keywords: Constitutional & administrative law ; Comparative Law ; European and comparative law ; Human rights ; Quotas ; Affirmative Action ; Equality ; Political Representation ; Political Rights ; Women Rights ; Parity
Share: