{"title":"Series: Constitutionalism in Asia","description":"\u003cp\u003eThe \u003cstrong\u003eConstitutionalism in Asia\u003c\/strong\u003e series offers a profound exploration of legal and political frameworks shaping diverse Asian societies. Readers will gain insight into the evolving nature of constitutional law within historical and contemporary contexts, highlighting the interplay between tradition, governance, and reform.\u003c\/p\u003e\n\n\u003cp\u003eThrough a thoughtful blend of philosophy, history, and political analysis, this collection invites reflection on how constitutional ideals influence social change and governance across the continent. Ideal for those interested in the intersections of law, culture, and regional development.\u003c\/p\u003e","products":[{"product_id":"the-basic-structure-doctrine-in-malaysia-9781509985524","title":"The Basic Structure Doctrine in Malaysia","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eThe Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme Court decision of \u003cem\u003eKesavananda Bharati v State of Kerala\u003c\/em\u003e – which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament, even if it met all procedural requirements – was initially rejected in Malaysia during the 1975 case of \u003cem\u003eLoh Kooi Choon v Government of Malaysia\u003c\/em\u003e and lay dormant for the next three decades.\u003c\/p\u003e\n\n\u003cp\u003eJudicial winds shifted in 2010 when Malaysia’s apex court, the Federal Court, cited \u003cem\u003eKesavananda\u003c\/em\u003e with approval in the case of \u003cem\u003eSivarasa Rasiah v Badan Peguam Malaysia \u0026amp; Anor\u003c\/em\u003e. The court observed that it was ‘clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric’ and that ‘any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.’ In a succession of cases, the Federal Court cemented this doctrine in Malaysia’s jurisprudence and deployed it to defend the court’s judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society.\u003c\/p\u003e\n\n\u003cp\u003eThis collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors – most notably Islamists and secularists, as well as royalists and republicans – on the ground.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47464302280940,"sku":"9781509985524","price":209.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509985524-the-basic-structure-doctrine-in-malaysia.jpg?v=1775045514"},{"product_id":"gender-sexuality-and-constitutionalism-in-asia-9781509972302","title":"Gender, Sexuality and Constitutionalism in Asia","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cem\u003eGender, Sexuality and Constitutionalism in Asia\u003c\/em\u003e 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 that shape the diverging trajectories of the jurisdictions in this study.\u003c\/p\u003e\n\n\u003cp\u003eThe 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.\u003c\/p\u003e\n\n\u003cp\u003eThe 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.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47596467945708,"sku":"9781509972302","price":73.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/f3e114b37fbb3fa80bd36eabe4ae3fb0.jpg?v=1777928856"}],"url":"https:\/\/bookhero.co.nz\/collections\/series-constitutionalism-in-asia.oembed","provider":"Book Hero","version":"1.0","type":"link"}