Navigating through the substantive equality doctrine
Anti-discrimination law and social change
Bibliographic Data
| ID | 13112482 |
|---|---|
| Authors | Milica V Matijević (0000-0002-2459-9201, corresponding author) |
| Year | 2024 |
| Volume | 15 |
| Issue | 1 |
| Pages | 89-120 |
| Publication date | 2024-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Pravni zapisi (JOURNAL) |
| Journal identifiers | ISSN: 2406-1387 • E-ISSN: 2217-2815 |
| Publisher | Faculty of Agronomy in Čačak (PUBLISHER • RS) |
| DOI | 10.5937/pravzap0-49917 |
| OpenAlex | W4400807627 |
| Language | EN |
| References cited | 34 |
The substantive equality doctrine is an important aspect of legal scholarship and judicial practice built around the principles of equal treatment and non-discrimination. The doctrine departs from the critique of the "formal approach to equality" and places great expectations on the legislator and the courts vis-à-vis its equality aspirations, which encompass objectives related to both redistribution and recognition. The paper examines the relationship between its basic postulates, its equality goals, and the law as its main method. The author charts the developmental trajectory of the doctrine, provides an overview of its premises, and an analysis of its objectives. The author concludes that the proponents of the substantive equality doctrine rightly point to deeper societal structures as the source of patterned inequalities, yet they are mistaken in their belief that the subtle and complex forms of discrimination can be effectively addressed through anti-discrimination law
Doctrine · Inequality · Law and economics · Legal doctrine · Legislation · Legislator · Political science · Politics · Redistribution (election · Scholarship · Social equality · Sociology · Substantive law · Discrimination and Equality Law · Judicial and Constitutional Studies · Law · Mathematics
Substantive equality revisited
A Theory of Discrimination Law
The New Politics of Gender Equality
Distributive Justice
The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law
Indirect discrimination and substantive equality in Nitisha
Following the Path to Equality Through Law
Equality of Whom? Social Groups and Judgments of Injustice
Promoting Equality and Combating Discrimination Through Affirmative Action
Beyond Systemic Discrimination
Redistribution and Recognition
Providing Equality
Substantive Equality and Transformation in South Africa
Second Generation Employment Discrimination
Gender Equality and Human Rights
Breaking the Mold
| Highly cited | No |
|---|