对公共行政精神的挑战:基于《学生公平录取案》重新思考社会公平

A Challenge to the Spirit of Public Administration: Social Equity Reconsidered in Light of Students for Fair Admissions

The American Review of Public Administration · 2024
被引 0
ABS 3

中文导读

本文探讨美国最高法院在《学生公平录取案》中的裁决如何挑战公共行政领域的社会公平原则,指出基于社会公平的公共行动必须通过更严格的司法审查才能符合宪法标准。

Abstract

Social equity has been considered a pillar that supports the legitimacy of the field of public administration, with affirmative action as one of the most visible vehicles of the principle. However, the Supreme Court's decision in Students for Fair Admissions calls for a reconsideration of the practice and the value it supports. Though the Court has long viewed affirmative action to be suspect, it has now declared that the practice undermines the Constitution's mandate for equal treatment. This decision confronts not only what university administrators have done in the past, it also raises concerns about the field's broader relationship to the value of social equity more generally. The Court's opinion is a call to the field to recognize that public action which rests on social equity must be in alignment with a stiffened strict scrutiny in order to meet constitutional standards.

公共行政社会公平平权行动宪法最高法院