Can Equality Survive Exceptions?

Barak-Erez, Daphne

Journal: Michigan Law Review First Impressions

Volume: 107

First Page: 134

Year: 2009

Bluebook Citation: 107 MICH. L. REV. FIRST IMPRESSIONS 134 (2009)

Author: Daphne Barak-Erez: all 7 publications


Abstract

The meaning of the exception vis-à-vis the general rule is primarily discussed in the context of emergency powers (following Cart Schmitt and Giorgio Agamben). But the complicated relationship between the norm and its exceptions is also relevant to other legal contexts. This Commentary is dedicated to the following question: What are the implications of considering equality a fundamental legal principle while recognizing exceptions to its application? More concretely, how does the existence of exceptions influence the understanding and viability of equality as the norm?

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