Einzelfallgerechtigkeit versus Generalisierung

In the context of the anti-discrimination law, Gabriele Britz studies the relationship between generalization and individual justice from a new perspective. She systematizes the objections to statistical discrimination and analyzes their constitutional basis. In doing so, she focuses on the fundamental rights to equality, and in particular the ban on discrimination, thus giving a more precise description of its protective goals. She resumes the older (tax law) discussion on typification and expands on this by concentrating on those typifications which follow suspect criteria like gender or age and by looking also at those typifying decisions made by private persons. From the perspective of legal practice, her constitutional analysis thus also helps to interpret the new German equal treatment law.