A Comparative Analysis of the Constitutional Legitimacy and Societal Justification of Affirmative Action: Should some be treated more equal than others?
Autor | Jan-Willem Prügel |
Cargo | Studies Law at the University of Heidelberg, Germany, and is Deputy Editor-in-Chief of the Heidelberg Student Law Review (StudZR) |
Páginas | 192-204 |
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WALDRON, Jeremy (2011): What are moral absolutes like? (Cambridge (MA), Harvard University
Press).
A COMPARATIVE ANALYSIS OF THE CONSTITUTIONAL LEGITIMACY AND SOCIETAL
JUSTIFICATION OF AFFIRMATIVE ACTION: SHOULD SOME BE TREATED MORE EQUAL
THAN OTHERS?
JAN- WILLEM PRÜGEL*
University of Heidelberg, Germany
ABSTRACT
In a world characterized by unequal distribution of wealth and power, it is a state’s
responsibility to safeguard equal protection through the law for all its members. The question
remains, however, whether it may and can counter existing inequality with imposing unequal
treatment itself. This text will explore both the philosophical and legal basis for such
governmental discrimination, also referred to as affirmative action, and analyze, whether the
benefits can outweigh the potential downsides.
KEYWORDS
Affirmative Action – Positive Discrimination - Constitutional Law - Equality
* The author studies Law at the University of Heidelberg, Germany, and is Deputy Editor-in-Chief of the
Heidelberg Student Law Review (StudZR).
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