Constitutional Courts in the Process of Articulating Constitutional Rights in the Post-Communist States of Central and Eastern Europe (Part III) : Equality and Minority Rights
Publisher: European University Institute, Florence Volume: 42 pages, pdf Description: The equality and anti-discrimination clauses have been among the most frequently used constitutional provisions in the process of constitutional review in Central and Eastern Europe (CEE). This is understandable. First, those provisions are eminently malleable, “open-ended”, and lend themselves to application in virtually all spheres of laws and policies. Second, when constitutional courts are selecting the substantive rights provision under which they will consider a matter they will often have a choise beetwen socio-economic right and an equality provision.