Chapter

Constitutional Law and Citizenship Claims

Flavia Agnes

in Family Law Volume 1

Published in print April 2011 | ISBN: 9780198067900
Published online September 2012 | e-ISBN: 9780199081295 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198067900.003.0002
Constitutional Law and Citizenship Claims

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This chapter studies a modern constitution and its different provisions, as well as its assurances of freedom and equality to its female citizens. Compared to the previous chapter, this chapter is divided into only three sections: locating women’s claims in the constitutional domain, the Uniform Civil Code (UCC), and the different attempts at formulating the UCC. The first section discusses the different struggles women have experienced in order to meet the binaries of the public and private domains of traditional notions of citizenship. These are defined based on the masculine norms of propertied men. The second section features contesting claims of the majority-minority dichotomy, which are used to examine the political debate on Article 44, or the enactment of a UCC. The final section examines the many drafts of the UCC using a purely academic point of view. These drafts were prepared by different sections, including state functionaries and legal academia, and were written from the perspective of gender justice.

Keywords: modern constitution; freedom and equality; Uniform Civil Code; notions of citizenship; masculine norms; majority-minority dichotomy; Article 44; gender justice; contesting claims

Chapter.  48961 words. 

Subjects: Family Law

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