Affirmative Action Policies and Judicial Review Worldwide 1st Edition by George Gerapetritis ISBN 331922395X 9783319223957

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Product details:

ISBN 10:      331922395X

ISBN 13: 978-3319223957

Author:       George Gerapetritis

Affirmative Action Policies and Judicial Review Worldwide 1st  Table of contents:

1. Introduction

• Terminological Issues: Clarifying key terms related to affirmative action.
• Typology of Measures: Different forms and strategies of affirmative action.
• Scope of Research: Defining the geographical, social, and political boundaries of the study.

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2. The Moral Question: Interacting with Traditional Values

• Revisiting or Abstaining from Equality: Exploring the tension between formal and substantive equality.
• Integrating Human Dignity and Meritocracy: Analyzing the conflict between individual merit and group-based equality.
• Democracy and Justice: Addressing the balance between majority rule and minority rights, as well as various views on fairness.

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3. The Sociological Question: Goals and Legitimacy

• The Remedial Purpose: The aim of compensating for past discrimination, including who compensates, who benefits, and how effective these measures are.
• The Cultural Purpose: Diversity as a goal, with discussion on group identity and participation.
• The Societal Purpose: Examining the impact on social inclusion and cohesion.
• The Pedagogical Purpose: How affirmative action can shape group models and confidence in institutions.
• The Economic Purpose: Addressing the effects on growth, both micro and macro-economic, as well as competition and stability.

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4. The Policy Question: Diverse Worldwide Practices

• America: Examining affirmative action practices in the US, Canada, and Brazil.
• Europe: A detailed look at European Union law, and practices in France, Germany, the UK, Italy, Spain, Portugal, Belgium, the Netherlands, Austria, Ireland, Greece, Russia, and the Nordic countries.
• Asia: A study on India and China’s approaches to affirmative action.
• Africa: Practices in Nigeria and South Africa.
• Oceania: Affirmative action in Australia and New Zealand.
• International Law: Review of universal and regional conventions such as the European Convention on Human Rights.
• Comparative Syntheses: Structural and material variables, including institutional recognition and the domains of implementation.
• Political Identity: Exploring whether affirmative action aligns with the New Left or New Right ideologies.

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5. The Legal Question: Method and Intensity of Judicial Review

• Methodology of Judicial Review: Discussing how courts should review policies related to affirmative action, including the standard of review, burden of proof, and judicial tendencies.
• Goal Pursuit: Assessing the legitimacy of goals in judicial reasoning.
• Proportionality Test: Applying suitability, necessity, and less restrictive alternatives to evaluate affirmative action policies.
• Human Rights Theory: Affirmative action’s importance for the advancement of human rights, particularly group rights over individual or collective rights.

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6. Conclusion

• Summarizing the findings, integrating moral, sociological, policy, and legal perspectives on affirmative action.

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