Edited by Rosalind Dixon and Tom Ginsburg
Chapter 8: Equality
This chapter explores the trajectory of the principle of equality in Latin American constitutionalism. During the “founding period,” most constitutions in the region included mere references to a principle of formal equality. However, after some decades, this initial position became transformed into a bold commitment to substantive equality. In present times, it is not uncommon to find references to affirmative action, group rights, actual equality of opportunities for men and women, and other egalitarian initiatives. Keywords: formal equality, substantive equality, affirmative action, democracy, prior consultation, constitutionalism
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