Affirmative Action: A Legitimate Concept?

Abstract

Controversy around affirmative action seems particularly prevalent in the field of higher education. This paper comparatively analyses affirmative action in admissions into higher education in New Zealand and in the United States of America from a legal perspective as well as touching on social issues that arise, with a particular focus on indigenous people. This paper argues that affirmative action is a legitimate concept with regard to the statutory context and the justifications that flow from that legislation. The final question to be answered is whether, in light of those justifications, a quota system, such as that employed by the University of Auckland, is the most desirable means of achieving affirmative action objectives.