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

Equality is a contested concept, giving courts significant power to shape equality guarantees. Equality's Guardians explores how different jurisdictions emphasize various dimensions of equality, despite similar normative texts. It also examines the institutional and cultural reasons behind the diverse conceptions of equality adopted by courts.

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.