Document Type
Book Chapter
Publication Date
2014
Abstract
If the right to equality promises more than it can ever deliver, it is also a right whose text and application reflects the history of the society in which it applies. The right to equality is thus particularly challenging for comparative law. Although it is found in nearly every modern democratic constitution, the formulation, interpretation and application of the right varies markedly and it accordingly presents acutely difficult questions for a study such as this. The difficulties not only arise from the differences in historical, socio-economic and political context, but also from differing conceptions of equality itself. In this brief chapter we shall identify some of the difficult questions that arise in developing an equality jurisprudence and then consider how different legal systems in Asia (India, Malaysia and Japan) have approached these questions.
Disciplines
Comparative and Foreign Law | Constitutional Law | Law
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Recommended Citation
Kate O'Regan & Madhav Khosla,
Equality in Asia,
Comparative Constitutional Law in Asia, Rosalind Dixon & Tom Ginsburg (Eds.), Edward Elgar Publishing
(2014).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4649