Feminist legal theory needs to develop an understanding of citizenship and incomplete agency to counter mainstream constitutional theory on citizenship and the countermajoritarian dilemma. Mainstream theory fails to provide a critique of power in constitutional analysis, but existing feminist theory fails to address issues of democracy and citizenship. Each of these approaches fails to provide a robust account of the tension between majority rule and individual rights. The ways in which feminism accounts for difference suggest how countermajoritarian problems can be addressed by feminism.
