Asian Instrumentalism on Intimacy as Democracy—A Comparative Study on Taiwan, Singapore, and Malaysia

Although Giddens has argued for intimacy as democracy, legal research on democracy ignores oppressions in intimate relationships. The court is expected to remedy intimate injustice, yet it may face strong oppositions from democratic politics. in the Asian context, Confucianism and religions suggest constitutional exceptionalism, while globalization generates anxiety to follow international standards. It is essential to study how courts in Asia make judgments in the dynamic context between culture, religion, politics, and law. Considering the progress of gender equality and different traditions, this article attempts to study marriage-related equality cases of Taiwan, Singapore, and Malaysia. This article finds that, despite their different progress, all three courts interpret and apply the Constitution for a specific political purpose. Asian instrumentalism of constitutional jurisprudence emerges in the dynamics of public and intimate democracy.