Abstract

IBARRA CARDENAS, Jesús. Gender quota vs. majority rule: the constitutional debate. Cuest. Const. [online]. 2013, n.28, pp.141-169. ISSN 1405-9193.

This article analyzes two decisions of the Superior Courtroom of the Electoral Tribunal of the Federal Judicial Branch in which is debated the application of "gender quota" and the interpretation of "democratic procedures" to elect candidates into the political parties. The author argues two dissertations: in popular elected positions, the application of the law is not necessarily partial to male gender; by contrast, can works effectively as a vindication instrument for equal treatment of men and women; since there's not conceptual or theoretical contradiction between gender quote and democratic process. Both of them are democratic mechanism of political representation, making possible sustain a conceptual relationship between the two expressions referent.

Keywords : gender quota; affirmative actions; judicial review; majority rule; constitutional democracy; equality principle.