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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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24Race and ethnicity discrimination

Patrick Macklem and Adrien K Wing

This chapter will first discuss the concepts of race and ethnicity, and some of the legal roles they play in various political communities. Then, the chapter will highlight the significance of direct or intentional discrimination on the basis of race or ethnicity, a phenomenon that still exists worldwide, but has certainly abated to a large degree in most countries over the last century. Finally, the chapter will discuss the problem of indirect discrimination or disparate impact discrimination, which while diminishing, remains the bulk of the current nature of racial and ethnic discrimination in the twenty-first century. Constitutional orders with written bills of rights ...

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