从配额制的兴衰看美国实现教育平等的法治历程

American's law-ruling history of education equality in the rise and fall of the quota system Discrimination,anti-discrimination and reverse discrimination

在美国实现教育平等的历程中,配额扮演着关键的和富有争议的角色。早期的配额制度是种族歧视的工具;民权运动时代,配额成为矫正种族歧视、实现教育平等的有效措施;上世纪70年代之后的反向歧视诉讼,使种族优惠措施经历了严格的司法审查,配额最终被一些更为灵活、审慎的政策所替代。伴随着配额制度的兴衰,美国的种族关系经历了歧视、反歧视和反向歧视的曲折过程。在上世纪美国调整种族关系的关键时期,配额制度引发的司法审查和社会争议,最终促成了种族教育平等。

In the US,the quota system has played a critical and controversial role in the progess of achieving equality in education.Early quota system was the tool of racial discrimination.During the civil rights movement period,quota system became an effective action to oppose racial discrimination as well as to gain equality in education.The reverse discrimination suits after the 70＇s made racial affirmative action undergoing strict scrutiny,thus the quota system was replaced by some more flexible and prudent policies eventually.With the rise and fall of the quota system,race relations in the United States has experienced the process of discrimination,anti-discrimination and reverse discrimination.Last century,during the America＇s critical historical period of race relations adjustiment,judicial review and social controversy caused by the quota system promoted the achiveing of racial equality in education ultimately.