The Study of Affirmative Action Policy for Aboriginal College Applicants in Taiwan and Equal Protection Principle : From the Perspective of Western Political Theories and U.S. Constitutional Cases.
Date Issued
2010
Date
2010
Author(s)
Chen, Ru-Syun
Abstract
The so-called “Affirmative Action” is a policy or a program that aimes to provide specific targeted groups preference to ensure an equal and justice society. In order to improve the educational opportunities of the ethnic monority groups, the U.S. government began to implement a series of affirmative action policies involved instituting raced-based preference programs, setting racial quota system, or deciding the percentage to certain members in college admission. Since then, the discussion on affirmative action became an inflammatory public issue more than a half centry. However, the Equal Protection Principle under the Constitution, which requires the U.S. government to accord similar treatment to people and make no reference to race, attempt to found a color-blind society. Within the few years, racial quotas for public colleges were declared unconstitutional by the U.S. Supreme Court, therefore more and more public colleges amend their admission policies to a better way for achieving a greater flexibility and more fairness, although there is inevitable disputation opposing the preference action. In Taiwan, the Constitution requires “equal protection” as well as a guarantee to all citizens; however, raced-based examination insofar has been implemented in college entrance examination every year. The new system regulates that once the aboriginal students pass the “tribal language test” will get 35% bonus point on college exam. Many opponents worry that such policy not only harms other non-aboriginal students’ right, but will even guide to a deep-rooted prejudice against aboriginals.
This article explores the controversial issues and provides a comprehensive examination of its practices and consequences in modern Taiwanese history. By identifying three modern western political theories and reviewing the case development of the Equal Protection, it induces the supporters and opponents on both side of the political spectrum; and finally analizes the potient crisis in nowadays policy.
Subjects
Equal Protection
Affirmative Action
Color-blind Constitution
Reverse Discrimination
Minority Group
Type
thesis
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