Towards a Feminist Legal History of the Public/Private Dichotomy: Rewriting Constitutionalism

Abstract

This article examines the foundational myths of constitutionalism by deconstructing the public/private dichotomy, a central but underexplored element in dominant constitutional legal culture. Drawing on feminist legal theory and historiography, the article argues that traditional constitutional narratives have marginalised women and reinforced hierarchical structures by relegating them to the private sphere. It contends that feminist constitutionalism must go beyond adding rights or redefining existing principles; it must prioritise reconstructing constitutional history to reveal the gendered processes that shaped the dichotomy and its implications. This approach challenges the presumed neutrality of constitutional frameworks and seeks to dismantle the epistemological biases underpinning their formation. The article concludes that a feminist reimagining of constitutionalism requires a radical critique of foundational concepts and the development of alternative narratives that address structural inequalities.

Keywords

• feminist constitutionalism
• public/private dichotomy
• legal history
• gender and law
• legal culture