Gender Sexuality And Constitutionalism In Asia

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Gender, Sexuality and Constitutionalism in Asia

Wen-Chen Chang,Kelley Loper,Mara Malagodi,Ruth Rubio-Marín
Gender Sexuality and Constitutionalism in Asia Book PDF

Author : Wen-Chen Chang,Kelley Loper,Mara Malagodi,Ruth Rubio-Marín
Publisher : Bloomsbury Publishing
Page : 383 pages
File Size : 47,5 Mb
Release : 2023-12-28
Category : Law
ISBN : 9781509941933

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Gender, Sexuality and Constitutionalism in Asia by Wen-Chen Chang,Kelley Loper,Mara Malagodi,Ruth Rubio-Marín Pdf

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. 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.

Gender and Sexuality Justice in Asia

Joseph N. Goh,Sharon A. Bong,Thaatchaayini Kananatu
Gender and Sexuality Justice in Asia Book PDF

Author : Joseph N. Goh,Sharon A. Bong,Thaatchaayini Kananatu
Publisher : Springer Nature
Page : 246 pages
File Size : 40,7 Mb
Release : 2020-12-15
Category : Social Science
ISBN : 9789811589164

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Gender and Sexuality Justice in Asia by Joseph N. Goh,Sharon A. Bong,Thaatchaayini Kananatu Pdf

This book brings together a group of innovative scholars examining the contemporary issue of effecting gender and sexuality justice in the context of Asia, consonant with engendering a just, equitable and sustainable development for all. These grassroots initiatives are woven through three complementary sections of the book: gender justice in Asia, sexuality justice in Asia, and finding resolutions through conflict. The book foregrounds strategies that aim to call out and challenge existing gender and sexuality injustices with regard to women and the LGBTIQA+ community by: assessing the efficacy of gender mainstreaming policies through micro-credit schemes for women in East Java, Indonesia; proliferating the signifiers of the hijab (veil) by postmodern Malay-Muslim women or ‘Hijabistas’ within the consumerist culture of Malaysia; making visible the injustices of the Syariah legal system for non-Muslim women, and ground-breaking legislation that could potentially recognise same-sex marriages in Thailand; privileging the narratives of gay women diplomats within the highly masculinised field of diplomacy in the Asia-Pacific region; foregrounding the narratives of Filipino gay men, intimate partner violence among young Indonesian Christian young people, masculine-identifying lesbians in Singapore, young LGBT people in rural Vietnam, and a Chinese-Muslim Malaysian female-to-male transgender person; and proposing new ways of becoming an inclusive church through the radical act of befriending persons living with HIV and AIDS in Southeast Asia. This book celebrates diverse and inclusive voices and strategies of gender and sexual agents of change in envisioning and bringing to fruition a just and transformative society for all. It is of interest to students and scholars researching gender and sexuality in areas of development studies, international relations, socio-legal studies, and literary studies.

Social Difference and Constitutionalism in Pan-Asia

Susan H. Williams
Social Difference and Constitutionalism in Pan Asia Book PDF

Author : Susan H. Williams
Publisher : Cambridge University Press
Page : 377 pages
File Size : 41,5 Mb
Release : 2014-02-10
Category : Political Science
ISBN : 9781107729483

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Social Difference and Constitutionalism in Pan-Asia by Susan H. Williams Pdf

In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Global Gender Constitutionalism and Women's Citizenship

Ruth Rubio-Marin
Global Gender Constitutionalism and Women s Citizenship Book PDF

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 44,7 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.

Constitutionalism in Asia

Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Constitutionalism in Asia Book PDF

Author : Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh
Publisher : Bloomsbury Publishing
Page : 1170 pages
File Size : 43,5 Mb
Release : 2014-02-19
Category : Law
ISBN : 9781849469852

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Constitutionalism in Asia by Wen-Chen Chang,Li-ann Thio,Kevin YL Tan,Jiunn-rong Yeh Pdf

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Global Gender Constitutionalism and Women's Citizenship

Ruth Rubio-Marin
Global Gender Constitutionalism and Women s Citizenship Book PDF

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 45,6 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781107177024

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.

Asian Comparative Constitutional Law, Volume 1

Ngoc Son Bui,Mara Malagodi
Asian Comparative Constitutional Law Volume 1 Book PDF

Author : Ngoc Son Bui,Mara Malagodi
Publisher : Bloomsbury Publishing
Page : 495 pages
File Size : 52,5 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509949700

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Asian Comparative Constitutional Law, Volume 1 by Ngoc Son Bui,Mara Malagodi Pdf

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 book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). 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.

The Oxford Handbook of Christianity and Law

John Witte, Jr.,Rafael Domingo
The Oxford Handbook of Christianity and Law Book PDF

Author : John Witte, Jr.,Rafael Domingo
Publisher : Oxford University Press
Page : 921 pages
File Size : 52,5 Mb
Release : 2023
Category : Education
ISBN : 9780197606759

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The Oxford Handbook of Christianity and Law by John Witte, Jr.,Rafael Domingo Pdf

This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Constitutionalism in Context

David S. Law
Constitutionalism in Context Book PDF

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 53,5 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Exponential Inequalities

Associate Professor in International Human Rights Law Shreya Atrey,Shreya Atrey,Sandra Fredman
Exponential Inequalities Book PDF

Author : Associate Professor in International Human Rights Law Shreya Atrey,Shreya Atrey,Sandra Fredman
Publisher : Oxford University Press
Page : 401 pages
File Size : 41,9 Mb
Release : 2023-01-19
Category : Law
ISBN : 9780192872999

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Exponential Inequalities by Associate Professor in International Human Rights Law Shreya Atrey,Shreya Atrey,Sandra Fredman Pdf

This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.

Sexual Orientation and Gender Identity Discrimination

Holning Lau
Sexual Orientation and Gender Identity Discrimination Book PDF

Author : Holning Lau
Publisher : BRILL
Page : 66 pages
File Size : 44,8 Mb
Release : 2018-09-24
Category : Law
ISBN : 9789004345492

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Sexual Orientation and Gender Identity Discrimination by Holning Lau Pdf

In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.

The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World

Linda Colley
The Gun the Ship and the Pen Warfare Constitutions and the Making of the Modern World Book PDF

Author : Linda Colley
Publisher : Liveright Publishing
Page : 547 pages
File Size : 54,6 Mb
Release : 2021-03-30
Category : History
ISBN : 9781631498350

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The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World by Linda Colley Pdf

Best Books of the Year: Financial Times, The Economist Book of the Year: The Leaflet (International Forum on the Future of Constitutionalism) Longlisted for the Cundill History Prize Profiled in The New Yorker New York Times Book Review • Editors’ Choice Vivid and magisterial, The Gun, the Ship, and the Pen reconfigures the rise of a modern world through the advent and spread of written constitutions. A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.

Constitutional Foundings in South Asia

Kevin YL Tan,Ridwanul Hoque
Constitutional Foundings in South Asia Book PDF

Author : Kevin YL Tan,Ridwanul Hoque
Publisher : Bloomsbury Publishing
Page : 401 pages
File Size : 40,8 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509930265

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Constitutional Foundings in South Asia by Kevin YL Tan,Ridwanul Hoque Pdf

This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Gender Equality in Law

Barbara Havelková
Gender Equality in Law Book PDF

Author : Barbara Havelková
Publisher : Bloomsbury Publishing
Page : 334 pages
File Size : 43,8 Mb
Release : 2017-06-01
Category : Law
ISBN : 9781509905850

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Gender Equality in Law by Barbara Havelková Pdf

"Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Comparative Constitutional Law

Tom Ginsburg,Rosalind Dixon
Comparative Constitutional Law Book PDF

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 55,6 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.