Home >
Law >
Gender, Sexuality and Constitutionalism in Asia

Gender, Sexuality and Constitutionalism in Asia

Author: Wen-Chen Chang; Kelley Loper; Mara Malagodi; Ruth Rubio-Marín
Publisher: Hart Publishing
ISBN: 9781509972302

Published In: July 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509941919

List Price: S$68.62

S$66.56 Save S$2.06 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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 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