Conclusion

Abstract

This chapter presents the conclusions of the book. On a conceptual level, three premises are drawn: First, affirmative action faces significant problems when set alongside with traditional values of the constitutional state. Second, the remedial rationale of affirmative action possesses both doctrinal and evidentiary difficulties; therefore it seems to be conceding, at least in the US, in favour of the goal of diversity. And, third, affirmative action seeks for vital space within the orthodox human rights theory both as a social or post-social right and as a group right. On a pragmatic level, three further premises are drawn. First, the task of designing a proper affirmative action plan is an exceptionally difficult, if not impossible, task due to the complicated variables that ought to be taken into account leading to over- and under-inclusiveness. Second, significant counter-effects might be caused following the enactment of affirmative action policies, mostly related to sociology and psychology. And, third, affirmative action has not, at least not always, produced the desirable results in relation to the increase of participation of members of designated groups.