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Gender, Sexuality and Constitutionalism in Asia

Editor(s): Wen-Chen Chang, Kelley Loper, Mara Malagodi, Ruth Rubio-Marín
Media of Gender, Sexuality and Constitutionalism in Asia
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Published: 16-06-2022
Format: Hardback
Edition: 1st
Extent: 240
ISBN: 9781509941919
Imprint: Hart Publishing
Series: Constitutionalism in Asia
Dimensions: 234 x 156 mm
RRP : £65.00

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Loren Epson

About Gender, Sexuality and Constitutionalism in Asia

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.

Table Of Contents

1. Introduction
Ruth Rubio Marín (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)

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