This book gives the first in-depth assessment of how justification functions when women are claiming equality.
One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women’s rights to equality in constitutional democracies. It proposes an asymmetric relationship between equality and justification, and takes a 3-part approach, looking at theory, practice and methodological design.
This is an intriguing, articulate and compelling examination of a question with real and applied significance to human rights and equality lawyers.
Introduction
Chapter 1. The Missing Puzzle Piece
Part I: The Equality-Stage
Chapter 2. Diluting Equality with Justification
Chapter 3. Substantive Equality as a Bulwark
Part II: The Justification Stage
Chapter 4. Calibrating the Role of the Court
Chapter 5. Hollowing Out Justification
Chapter 6. Enriching Justification with Substantive Equality
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