Gender, Sexuality and Constitutionalism in Asia

Edited by Wen-Chen Chang,Ruth Rubio-Marin,Mara Malagodi,Kelley Loper

ISBN13: 9781509941919

Imprint: Hart Publishing

Publisher: Bloomsbury Publishing PLC

Format: Hardback

Published: 13/07/2023

Availability: Not yet available

This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender, and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. These variables include: - constitutional structures - the composition and powers of the courts - regional constitutional isomorphism - the incorporation of international and regional human rights standards - hermeneutic traditions - colonial legacies - foreign influences - social structures and hierarchies - forms of gendered and/or religious nationalism. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality, and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs, and contextual dynamics which may advance or impede developments with respect to sex, gender, and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong, and South Korea), South East Asia (Malaysia, Singapore, Philippines, and Indonesia), and South Asia (India, Nepal, Pakistan, and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.
1. Introduction Ruth Rubio Marin (University of Seville, Spain; European University Institute, Italy) Part I - East Asia 2. Japan Akiko Ejima (Meiji University, Japan) 3. Taiwan Wen-Chen Chang (National Taiwan University; National Chiao Tung University, Taiwan) 4. Hong Kong Kelley Loper (University of Hong Kong) 5. South Korea Yoon Jin Shin (Seoul National University, Korea) Part II - South East Asia 6. Malaysia Dian Shah (National University of Singapore) 7. Singapore Jaclyn Neo (National University of Singapore) and Daryl Yang (Yale-NUS College, Singapore) 8. Philippines Bryan Dennis Gabito Tiojanco (National University of Singapore) 9. Indonesia Simon Butt (University of Sydney, Australia) Part III - South Asia 10. India Shreya Atrey (University of Oxford, UK) and Gautam Bhatia (University of Oxford, UK) 11. Nepal Mara Malagodi (Chinese University of Hong Kong) 12. Pakistan Sadaf Aziz (Lahore University of Management Sciences, Pakistan) and Angbeen Atif Mirza (Lahore University of Management Sciences, Pakistan) 13. Sri Lanka Mario Gomez (International Centre for Ethnic Studies, Sri Lanka)
  • Comparative law
  • Constitutional & administrative law
  • Tertiary Education (US: College)
List Price: £65.00