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[2] [3] The principle of equality before the law is incompatible with and does not exist within systems incorporating legal slavery, servitude, colonialism, or monarchy. 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]
Equality before law means that the law applies to all peoples equally and without exceptions. For example, the freedom of speech should apply the same to all members of a society. Laws can sometimes be designed to help minimize unequal application. [ 7 ]
The law of equal liberty is the fundamental precept of liberalism and socialism. [1] Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. [2]
[2] [3] [4] It is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to Encyclopædia Britannica , it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally ...
It may seem counterintuitive that the Equal Protection Clause should provide for equal voting rights; after all, it would seem to make the Fifteenth Amendment and the Nineteenth Amendment redundant. Indeed, it was on this argument, as well as on the legislative history of the Fourteenth Amendment, that Justice John M. Harlan (the grandson of ...
"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.
In other countries, conversely, political leaders assert that all written laws must be kept in line with the universal principles of morality, fairness, and justice. These leaders argue that, as a necessary corollary to the axiom that "no one is above the law", the rule of law requires the government to treat all persons equally under the law ...
McCulloch v. Maryland [6] held that federal laws could be necessary without being "absolutely necessary" and noted, "The clause is placed among the powers of Congress, not among the limitations on those powers." At the same time, the Court retained the power of judicial review established in Marbury v.