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March 14, 2026International Journal of Constitutional Law0 citations

Constitucionalismo liberal y feminista: las claves de un injerto malogrado Liberal and feminist constitutionalism: the keys to a failed graft

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SMSILVINA ÁLVAREZ MEDINA

Key Points

  • To diagnose the integration of feminist legal proposals into liberal constitutionalism and propose essential changes.
  • Analysis of contemporary constitutionalism achievements
  • Examination of the relational approach and dimension of care
  • Reflection on the axiological fabric of the constitution
  • Identified a failed graft between feminist and liberal constitutionalism
  • Highlighted the importance of integrating vulnerability and interdependence
  • Proposed reforms in labour recruitment and parental leave related to care values

Abstract

Abstract This article is based on a diagnosis of the achievements by contemporary constitutionalism after adding the feminist legal proposal to the liberal ideology. After assessing what is called a failed graft between these two currents of constitutional theory, the article proposes transforming the axiological fabric of the constitution. To achieve this objective, two unique notions of the feminist legal proposal are analysed: the relational approach and the dimension of care. The relational approach proposes to address interests and decision making through human links and the context; vulnerability, dependence and interdependence are incorporated into the analysis. The dimension of care focuses on the value of caring, based on private and intimate life; recent developments in the field of labour recruitment and parental leave are proposed. The article stresses the need for a legal reflection about the axiological pillars of the constitution, fundamentally the missing values. The conclusion focuses on the axiological framework of the constitution.

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Cite This Study

SILVINA ÁLVAREZ MEDINA (2026) studied this question.

synapsesocial.com/papers/69b4b9eb18185d8a39802349https://doi.org/10.1093/icon/moag013
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