Context and justification: A comparative analysis of affirmative action (United States, South Africa, India, European Union, Malaysia).

摘要

This paper focuses on the relationship between the empirical conditions under which affirmative action policies have been applied and the normative justifications for these policies. By analysing the affirmative action jurisprudence of the United States, South Africa, India and the European Union, the four jurisdictions whose policies have generated the most literature, this paper seeks to determine the manner in which particular features of affirmative action policies influence the choice of justifications relied upon. This analysis is then applied to the Malaysian model of affirmative action, a model which, in contrast to the aforementioned jurisdictions, has not been the subject of extensive analysis, in order to explore possible rationales.