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Article Title
Abstract
The meaning of the exception vis-à-vis the general rule is primarily discussed in the context of emergency powers (following Cart Schmitt and Giorgio Agamben). But the complicated relationship between the norm and its exceptions is also relevant to other legal contexts. This Commentary is dedicated to the following question: What are the implications of considering equality a fundamental legal principle while recognizing exceptions to its application? More concretely, how does the existence of exceptions influence the understanding and viability of equality as the norm?
Recommended Citation
Daphne Barak-Erez,
Can Equality Survive Exceptions?,
107
Mich. L. Rev. First Impressions
134
(2009).
Available at:
https://repository.law.umich.edu/mlr_fi/vol107/iss1/3