July 4 @ 18:30 - 20:00 Wroclaw (CEST)
Correcting Inequality through Law
Equality is often considered to be a fundamental element of justice. However, the meaning of equality is contested. There is no agreement on what equality exactly means or entails. The question, therefore, is not whether legal equality guarantees can tolerate inequality, but to what extent they can do. Because of these conceptual difficulties, the application of equality and non-discrimination clauses is not a straightforward exercise, in which courts simply apply legal norms to a given set of facts. Instead, courts need to develop doctrinal instruments to give meaning to the concept of equality. The proposed panel presents preliminary results of the ERC project “Correcting Inequality through Law“, which attempts a mapping and an explanation of different equality doctrines that were adopted by constitutional courts around the world. The panel will consist of four country reports, covering India, Taiwan, Brazil, and the United States.