On Dworkin 's Theoretical Interpretation Of "Affirmative Action" In Higher Education

"Affirmative action" is taken to redress social discrimination of preferential measures,refers to the government (mainly legislative and executive bodies) in order to compensate for and correct history of discrimination on the basis of colour,women, or other social sectors of the harmful effects of the Provisions in employment, admissions or course of dealing and decided to give these classes with special offers. Therefore, "Affirmative action" and the Constitution "equal protection" is closely linked. Dworkin’s theory on "affirmative action" policies mainly focus on minorities in higher education admissions admissions to implement a series of preferential measures of assessment. The constitutionality of the policy of higher education in the field of "affirmative action" caused the great debate. Scholars have put forward the theory of compensation,diversification theory,model theory.and social theory of structural discrimination.Dworkin believes that higher education in the field of "affirmative action" policy is constitutional and reasonable. "Affirmative action" policy is an ongoing process of development and change,it is the nature of the policy itself. In the process of development,such as quotas,flexible consideration of race is not contrary to constitutional provisions. First.the theory argues that no matter what form of affirmative action involving ethnic differentiation,involves the question of ethnic differentiation is in violation of the Constitution. Dworkin opposes "colorblind the Constitution theory",think ethnic differentiation is divided into ethnic differentiation of white ethnic differentiation and malicious,malicious ethnic differentiation is unconstitutional,and white racial distinction was not unconstitutional. Secondly,In practice demonstration,Dworkin with the formation of the river based on the argument of "affirmative action" the constitutionality and rationality,come to the following conclusion:the University’s highly successful use of the admission policy of considering race factors, promote education goals is important to everyone. Finally, Dworkin is based on the base case contradict justice Powell’s opinion of the majority, think that Powell did not determine the uncertainties for "affirmative action",both from a general principle or detailed applications. Bake decides something much less than expected. Bake left more questions later Supreme Court cases. Powell reached the compromise,though was immediately popular,but it does not in principle preferential measures to provide a coherent and sustainable constitutional basis. Refute fried in the order and the law:in the debate about the Reagan Revolution of "affirmative action" point of view,For Fred in his book acknowledge that his decision had been subjected to political pressure,are deeply worried.Therefore,Dworkin believes that higher education in the field of "affirmative action" should be supported and adhered to.The higher education sector "affirmative action" in Dworkin’s entirety occupies an important place in the legal system. View on equality and liberalism, comprehensive legal,moral interpretation of the Constitution are inextricably linked. Representatives of multiculturalism Will kymlicka, think that Dworkin’s theory of the inevitable shortcomings of Dworkin’s theory on the basis of further improvement, put forward their own views. Sunstein in solidarity with Dworkin’s view to some extent, that laws and the real meaning of the equal protection clause of the Constitution, is to overcome United States some ethnic features of the present social system.