The Effectiveness of the Legal System in Guaranteeing Equal Rights of Minority Groups in Constitutional Structures
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Abstract
This research discusses the effectiveness of the legal system in guaranteeing the rights of minority groups and how country policies can prevent substantive discrimination. Using a literature study approach with qualitative analysis, this research explores the legal frameworks in place in various constitutional systems and evaluates their consistency with the principle of non-discrimination. The findings show that legal protections are only meaningful if there are mechanisms in place that are able to enforce norms in a justice and responsive manner to social diversity. Formal regulations are often insufficient when they are not accompanied by institutional alignment to the real value of equality. This research highlights the importance of synergy between the legislature, judiciary and civil society to ensure minority protection is not symbolic. Legal education that promotes multicultural values and plurality is seen as essential to forming country apparatus that is sensitive to the needs of vulnerable groups. This research offers a critical reflection on legal structures that have been more focused on uniformity than diversity-based justice. This study contributes to the strengthening of legal reform in the constitutional system by placing substantive justice as the main point of departure.
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