Gayoye, Martha (2020) The role of the judiciary in constitution making: the two-thirds gender principle in Kenya. PhD thesis, University of Warwick.

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Abstract

This study focuses on courts, constitutionalism, and gender in the Global South. The study examines the role of the judiciary in constitution making. The judicial implementation of the constitutionalised gender quota (two-thirds gender principle) in Kenya’s 2010 Constitution is used as a case study. There are two interlocking themes that run throughout the study. The first is the story of the two-thirds gender principle as a tool to transform gender relations both in the public and private sphere – how did it end up in Kenya’s constitution framework? What purpose was it meant to achieve? What has been its implementation journey? The second is Rule of Law and constitutionalism in postcolonial states – there have been a proliferation of studies on decolonised perspectives of constitutionalism in the Global South. The argument made in the study is two-fold: that firstly, postcolonial studies on decolonised perspectives on constitutionalism have lacked a gender lens. Secondly, studies on gender equality in postcolonial states focus on the limitations of law in societies with legal pluralism – very few of these studies have examined the role that constitutions have played perpetuating gender inequalities, and the use of constitution reforms by women’s rights activists as a tool to transform gender relations. This study attempts to address both gaps by exploring parameters of a gendered constitutionalism in the Global South. This is achieved through an empirical study involving interviews and focus group discussions with judges, public interest litigators, constitution review experts and civil society stakeholders, and analysis of government reports and court judgments on the two-thirds gender principle. The main finding of the study is that constitutionalism is hampered by a general ‘rule by politics’, which has an impact on a gendered constitutionalism. The two-thirds gender principle has not fundamentally transformed gender relations in the public sphere.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law [Moys] > KR Africa
Library of Congress Subject Headings (LCSH):	Sex discrimination -- Political aspects -- Kenya, Courts -- Kenya, Constitutional law -- Kenya, Equality -- Government policy -- Kenya, Women -- Legal status, laws, etc.
Official Date:	November 2020
Dates:	Date Event November 2020 UNSPECIFIED
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Stewart, Ann
Format of File:	pdf
Extent:	iii, 302 leaves : illustration
Language:	eng

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