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U.S. affirmative action constitutional issues

Author: LiXiaoLiang
Tutor: XuChuanZuo
School: China University of Political Science
Course: Comparative Law
Keywords: Affirmative Action Equal Protection Anti-discrimination Education Fair
CLC: D971.2
Type: Master's thesis
Year: 2010
Downloads: 145
Quote: 1
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Abstract


This article from the introduction and body, of which the text is divided into four chapters, including the origins of affirmative action, the system design and the scope of judicial review of the equal protection standards, with regard to affirmative action a detailed analysis of judicial review, as well as on China's reunification Entrance Examination extra points in the policy discussion. The first chapter briefly describes the origins of affirmative action, institutional design and scope, including the behavior of the initiative, the implementation of the openness of the body with a specific group of beneficiaries, the diversity of purpose, extent and duration of the flexibility fields of application specific, and several other features. This chapter introduces the right of judicial review of affirmative action. First, a general discussion of the equal protection of judicial review procedures and double standard of review, and then in the first chapter on affirmative action to establish basic knowledge, based on the U.S. Supreme Court involving the constitutionality of affirmative action in four major cases judge the merits as well as different views of a detailed comb. This chapter further discussion of the Federal Supreme Court judicial review of affirmative action, a detailed analysis of the Supreme Court justices in the use of strict criteria when reviewing different approaches, namely structural discrimination against society - skepticism and diversified approach - cost-benefit analysis approach, and explain to choose between these two preliminary issues, but also the constitutionality of affirmative action a major point of contention: whether the Constitution allows intentioned purposes ethnicity behavior. This leads to affirmative action for judicial review of a third approach: the Constitution of color blindness. Then the theory of the Constitution colorblind main arguments are analyzed and explained in terms of the Constitution colorblind jurisprudence of the constitutional text or sense is untenable, well-intentioned Ethnicity constitutional principle of equal protection of the Fourteenth Amendment, so In the affirmative action case, the fight against social structural discrimination - skepticism approach strict standard of review should be on more rational use way. This chapter draw on the U.S. judicial review of affirmative action discussed the experience of unified entrance exam policy plus. That civic education is our fundamental rights protected by the Constitution, the allocation of resources in the education process, the inter-group differences in treatment based on personal identity, whether eligibility restrictions or one-sided concessions, should be cautious. If the formulation of normative documents related to identity-based preferential treatment, not only to strictly limit its scope, and should consider legislative purposes, only involving major national interests and incentives to promote genuine equality of education to get through.

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