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The ancient Greek philosophers Plato and Aristotle debated economic equality. Painting by Raffaello Sanzio (1509). According to professor of politics Ed Rooksby, the concept of equality of outcome is an important one in disputes between different political positions, since equality has overall been seen as positive and an important concept that is "deeply embedded in the fabric of modern ...
whether a law imposes differential treatment between the claimant and others, in purpose or effect; whether one or more enumerated or analogous grounds of discrimination are the basis for the differential treatment; and; whether the law in question has a purpose or effect that is discriminatory within the meaning of the equality guarantee.
The court stated that the Section is not a general guarantee of equality, rather it is only concerned with equal application of the law. It was further stated that it should be recognized that not all differences in treatment will result in inequality and that identical treatment may result in inequality.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on ...
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. [ 2 ] [ 3 ] Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private ...
Though equality under the law is an American legal tradition arguably dating to the Declaration of Independence, [4] formal equality for many groups remained elusive. Before passage of the Reconstruction Amendments, which included the Equal Protection Clause, American law did not extend constitutional rights to black Americans. [ 5 ]
"Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. [1] In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle.
Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the U.S. Supreme Court that ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.