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This is the first in a 4 volume set that provides the definitive
account of the major issues of comparative constitutional law in 19
Asian jurisdictions. Volume 1 explores the process and contents in
the making of a new constitution. The book provides answers to
questions on the causes, processes, substance and implantation
involved in making new constitutions such as; - What are the
political, social, and economic factors that drive the
constitution-making? - How are constitutions made, and who makes
them? - What are the substantive contents of constitution-making? -
What kinds of legislation are enacted to implement constitutions? -
How do courts enforce constitutions? The jurisdictions covered
include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia,
Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the
Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand,
and Vietnam. An essential reference for those interested in Asian
constitutional law.
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.
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