Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment
Series: Oxford Comparative Constitutionalism;
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 April 2025
- ISBN 9780198888277
- Binding Hardback
- No. of pages284 pages
- Size 240x160x22 mm
- Weight 602 g
- Language English 590
Categories
Short description:
A comparative study of the United States, India, and Hong Kong, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments fall short of, or even undermine, those ideals.
MoreLong description:
Over the past two decades, liberal constitutionalism has been in decline. Yet some courts - including the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - have continued to progressively realize the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons. How can the seeming paradox of LGBTQ+ rights advancement amid liberal constitutional regression be understood? And what, in turn, does that tell us about the state of liberal constitutionalism and rights adjudication?
Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment addresses these questions by exploring rights adjudication within the broader context of declining liberal constitutionalism within the U.S., India, and Hong Kong. By analysing landmark LGBTQ+ rights judgments and topical case studies in increasingly challenging political and institutional contexts, this book provides detailed, qualitative accounts of constitutionalism in these jurisdictions over the past two decades.
Progressive and original, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments may fall short of, or even undermine, those ideals.
With this book, Abeyratne establishes himself as an indispensable voice in comparative constitutional law - enriching the field's methodology and debates equally.
Table of Contents:
Introduction
Theoretical Framework and Methodology
LGBTQ+ Rights, Culture Wars, and Polarization in the United States
LGBTQ+ Rights Amid Institutional Crises and Rising Ethnonationalism in India
LGBTQ+ Rights, Economic Freedom, and the Remaining Fragments of Liberal Constitutionalism in Hong Kong
Conclusion
