Equality's Guardians
Equality’s Guardians: How Courts Conceptualize Equal Protection and Non-discrimination Guarantees offers an unparalleled comparative analysis of constitutional equality case law from apex courts across 18 jurisdictions worldwide, including key international human rights treaties. This groundbreaking...
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| Format: | Online |
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| Language: | English |
| Published: |
Oxford University Press
2025
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| Online Access: | https://library.oapen.org/handle/20.500.12657/103988 |
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| _version_ | 1869518599925792768 |
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| collection | Directory of Open Access Books |
| description | Equality’s Guardians: How Courts Conceptualize Equal Protection and Non-discrimination Guarantees offers an unparalleled comparative analysis of constitutional equality case law from apex courts across 18 jurisdictions worldwide, including key international human rights treaties. This groundbreaking book aims to map various courts’ diverse equality case law, revealing a richer comparative picture than the commonly discussed non-discrimination model prevalent in common law jurisdictions. By identifying four distinct models of equality, the book classifies each jurisdiction based on the level of deference courts grant to the legislature. The second aim of Equality’s Guardians is to delve into the reasons behind courts’ choices of specific equality models. Rather than providing a uniform answer, the analysis uncovers a range of cultural and institutional factors influencing these decisions. This nuanced approach highlights that the models of equality must be understood within the unique institutional and cultural contexts of each jurisdiction. Ultimately, Equality’s Guardians: How Courts Conceptualize Equal Protection and Non-discrimination Guarantees challenges the notion of a one-size-fits-all approach to equality. It emphasizes that the identified models are not to be normatively ranked but appreciated as products of their specific environments. This comprehensive study is essential for anyone interested in the complexities of constitutional equality and the varied ways it is interpreted and applied around the world. |
| format | Online |
| id | doab-20.500.12854ir-162603 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1626032025-07-08T05:05:31Z Equality's Guardians Petersen, Niels equality, discrimination, positive equality, equal protection, substantive equality, constitutional court, judicial culture, judicial authority, deference, global model thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAA Legal systems: courts and procedures Equality’s Guardians: How Courts Conceptualize Equal Protection and Non-discrimination Guarantees offers an unparalleled comparative analysis of constitutional equality case law from apex courts across 18 jurisdictions worldwide, including key international human rights treaties. This groundbreaking book aims to map various courts’ diverse equality case law, revealing a richer comparative picture than the commonly discussed non-discrimination model prevalent in common law jurisdictions. By identifying four distinct models of equality, the book classifies each jurisdiction based on the level of deference courts grant to the legislature. The second aim of Equality’s Guardians is to delve into the reasons behind courts’ choices of specific equality models. Rather than providing a uniform answer, the analysis uncovers a range of cultural and institutional factors influencing these decisions. This nuanced approach highlights that the models of equality must be understood within the unique institutional and cultural contexts of each jurisdiction. Ultimately, Equality’s Guardians: How Courts Conceptualize Equal Protection and Non-discrimination Guarantees challenges the notion of a one-size-fits-all approach to equality. It emphasizes that the identified models are not to be normatively ranked but appreciated as products of their specific environments. This comprehensive study is essential for anyone interested in the complexities of constitutional equality and the varied ways it is interpreted and applied around the world. 2025-07-08T05:05:30Z 2025-07-08T05:05:30Z 2025-07-07T09:26:59Z 2025 book https://library.oapen.org/handle/20.500.12657/103988 https://directory.doabooks.org/handle/20.500.12854/162603 eng open access image/jpeg Attribution-NonCommercial 4.0 International https://library.oapen.org/bitstream/20.500.12657/103988/1/9780198961116_WEB.pdf Oxford University Press 10.1093/9780198961109.001.0001 10.1093/9780198961109.001.0001 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 3f0a4da2-418f-411a-ae5f-8d27e0601aec EU collection European Research Council (ERC) 327 Oxford H2020 European Research Council H2020 Excellent Science - European Research Council 10.13039/100010663 open access |
| spellingShingle | equality, discrimination, positive equality, equal protection, substantive equality, constitutional court, judicial culture, judicial authority, deference, global model thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAA Legal systems: courts and procedures Equality's Guardians |
| title | Equality's Guardians |
| title_full | Equality's Guardians |
| title_fullStr | Equality's Guardians |
| title_full_unstemmed | Equality's Guardians |
| title_short | Equality's Guardians |
| title_sort | equality s guardians |
| topic | equality, discrimination, positive equality, equal protection, substantive equality, constitutional court, judicial culture, judicial authority, deference, global model thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAA Legal systems: courts and procedures |
| topic_facet | equality, discrimination, positive equality, equal protection, substantive equality, constitutional court, judicial culture, judicial authority, deference, global model thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LB International law::LBB Public international law::LBBR Public international law: human rights thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAA Legal systems: courts and procedures |
| url | https://library.oapen.org/handle/20.500.12657/103988 |