Hanging in the Balance: The Function of Justification in Achieving Women’s Equality

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Meghan Campbell (University of Birmingham, UK)

Hanging in the Balance

The Function of Justification in Achieving Women’s Equality

Meghan Campbell (University of Birmingham, UK)

$180

Hardback

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English

Hart Publishing
30 October 2025

Gender studies: women; International human rights law

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality.

How can courts assess whether a proposed limit to women’s equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women’s rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women’s rights to 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 a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women’s equality.

This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

By: Meghan Campbell (University of Birmingham UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 162mm, Spine: 20mm
Weight: 1.000kg
ISBN: 9781509967872
ISBN 10: 1509967877
Pages: 240
Publication Date: 30 October 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

Meghan Campbell is Reader in International Human Rights at Birmingham Law School and Deputy-Director of the Oxford Human Rights Hub, UK.