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Equality's Guardians: How Courts Conceptualize Equal Protection and Non-Discrimination Guarantees

Equality's Guardians: How Courts Conceptualize Equal Protection and Non-Discrimination Guarantees

Author: Niels Petersen
Publisher: Oxford University Press
ISBN: 9780198961093
Published In: August 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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Equality's Guardians 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. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

1:Mapping Equality Case Law Around the World-Conceptual Preliminaries, Niels Petersen

2:United States, Niels Petersen

3:Canada, Niels Petersen

4:European Court of Human Rights, Jasmin Beck

5:European Union, Niels Petersen

6:United Kingdom, Niels Petersen

7:Germany, Niels Petersen

8:France, Joanna Mrozińska

9:Poland, Joanna Mrozińska

10:Inter-American Court of Human Rights, Tainá Garcia Maia

11:Colombia, Tainá Garcia Maia

12:Brazil, Tainá Garcia Maia