Abstract
This study compares educational inequality in the U.S. and Europe. Utilizing a comparative approach based on the Positive Obligations of the European Convention on Human Rights and the Fourteenth Amendment to the U.S. Constitution, we expand on social contexts and objective facts to address how the U.S responds to educational inequality issues in contemporary constitutional interpretation (digital transformation and disparity, for example). We examine emerging issues in social change and expectations and discuss the rationale for constitutional legal norms to explain how these contribute to constitutional change. We suggest that the nation’s confrontation with educational inequality should be guided by a positive obligation rationale based on the affordability of quality education, highlighting current problems facing the U.S. and proposing practical suggestions for the right to equality in education.
Recommended Citation
Yi-Sheng Liu, Addressing Educational Inequality in the United States: A Comparative Approach to the European System, 25 Marq. Ben & Soc. Welfare L. Rev. 171 (2024).
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