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Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
The principle is part of justice that established distributive justice.Rawls awards the fair equality of opportunity principle lexical priority over the difference principle: Society cannot adjust inequality to maximize the proportion of those who are most vulnerable without providing positions and the opportunities that are necessary for the worse-off to achieve them.
The principle of equal-liberty is an 'open-ended horizon that allows for endless permutations and elaborations. Moreover, it is closer to anarchist political ethics: transcending the socialist as well as the liberal tradition, it entails that liberty and equality cannot be implemented within the state, and it interrogates all forms of ...
Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, the right to private property and equality before the law.
The need to formulate general legal principles on equality was defined on the basis of (i) acknowledging the pervasiveness of discrimination and the weaknesses in the protection of the right to equality at both international and national levels, (ii) the absence of comprehensive equality legislation in many countries around the world and the recognition that such legislation is necessary to ...
There is an old saying that 'All are equal before the law'. The belief in equality before the law is called legal egalitarianism. In criticism of this belief, the author Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread."
It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
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]