Mara Malagodi - Böcker

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.

The book presents an evolutionary view of Nepal’s constitutional system, grounded in the country’s historico-political context. In particular, the analysis focuses on three aspects. First, the book investigates Nepal’s processes of state formation and nation-building, centred on the institution of the Shah monarchy, Hinduism, and the Nepali language vis-à-vis Nepal’s high degree of socio-cultural diversity. Second, it explores the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty. This is reflected in the tensions between hereditary political power (the Shah monarchy and the Rana Prime Ministers) and representative political forces (political parties). Constitutionally, these tensions have resulted in the marginalisation of the legislature vis-à-vis the executive throughout the country’s history, notwithstanding the fact that Nepal has always featured a parliamentary form of government. Lastly, the frequent changes in Nepal’s fundamental law also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, regardless of the fact that Nepal was never colonised.

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.

This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions.Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as:- Who initiates an amendment proposal?- How is the amendment proposal adopted?- How are the amendments codified?and the neo-institutional questions regarding amendment practices such as:- Why is the constitution amended? - Who engages in the amendment process?- How does the amendment affect the political system and the society?Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.

This is the third in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in Asia. Volume 3 looks at the both the formal and functional aspects of constitutional structure in 18 Asian jurisdictions. It considers formal aspects such as:- legislative-executive relations;- the court system;- constitutional review (including specialist, ordinary judicial review, and non-judicial institutions of constitutional review);- central-local relations and federalism;- the role of the political parties;- the role of the military; and- independent institutions, such as audit, election, and anti-corruption institutions.It also answers questions about functional aspects of constitutional structure including:- How do these structural institutions work in practice? - What are the factors, such as political dynamics, local culture, ethnic diversity, and social structure, influence their operation?The jurisdictions covered are: Bangladesh, China, Hong Kong, Indonesia, Japan, Laos, Macau, Malaysia, Mongolia, Myanmar, North Korea, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.