The \u27Majestic Equality\u27 of the Law: Why Constitutional Strategies Do Not Produce Equality

Epidemiological studies have demonstrated that as one descends the socio-economic gradient, people suffer worse health outcomes and die sooner. While no single comprehensive epidemiological study has established a similar link between economic or social inequality, on the one hand, and the overall quality of citizenship on the other, it would not be surprising to learn that inequality correlates closely with the denigration or denial of legal and political rights. Considerable recent research suggests that the advanced economies are becoming more unequal, that the gradient I have described is becoming steeper and steeper. Consequently, we can expect that the distribution of social goods will become less and less fair; that vulnerable populations are likely to experience greater and greater deprivation and exclusion; and that the gap between law’s promise and its performance is likely to grow at an alarming rate