This is particularly so of the right of access to the courts in view of the prominent place held in a democratic society by the right to a fair trial.
Charles Sumner I ask your attention to the following words from a letter written by him: While it is not unusual for such specific measures as standing and class actions to be constitutionally prescribed, section 7 4 of the constitution of South Africa makes express provision in this regard: The commission might also be given the right to intervene as an amicus curiae in some constitutional actions involving fundamental rights.
Argument for extension 1 explicit constitutional protection for legislative distinctions is desirable and the grounds need to be extended to cater for other acceptable bases of distinction.
If however, he has neither money to buy anyone, nor any influence then, yes then the law will see him through and he will be punished according to the laws of the land. It also implies equality of rights and duties in law i. Introduction Democracy is premised on equality.
Equal Protection of Law: They are typically proscriptive, relatively abstract, and negative formulated, which means that they say something about what people are not allowed to do, instead of prescribing certain and definite actions.
All citizens In India enjoy social equality. And last not but the least, equality before law also implies equality in the actual administration of laws. The statement of equality is not solely a matter of individual effort.
According to the Article 15 of Indian Constitution: It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean and on the banks of the Mississippi and the St. Arguments against 1 a constitution regulates the relations between an individual and the State.
The Convention is intended to guarantee not rights which are theoretical or illusory but rights which are practical and effective. The compromise measures ofincluding the Fugitive Slave law, together with the whole body of law enacted in the interest of slavery, then accepted as finalities, and the power of leading political parties pledged to their maintenance have, with those parties, been utterly nullified and destroyed.
We have advanced so far on this subject, in thought, feeling, and purpose, that the day cannot be distant when there will be found among us no one to justify such regulations by common carriers, and when they will be made to adjust themselves, in their orders and regulations with regard thereto to the rules of the common law.
This interpretation of human personality has been criticised and the Review Group is of the view that a textual amendment is desirable to secure a broader interpretation of the guarantee of equality. Cases cannot be filed in the court against foreign sovereigns, ambassadors and the staff of the foreign embassies.The Right to Equality has been guaranteed by the Indian Constitution in Articles Art.
14 of the Indian Constitution say, "The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”.
essay on equality before the law- the rule of law. Thinkswap Satisfaction Guarantee. Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy. If you are not satisfied with the quality of any document, or you believe the document was incorrectly described or categorised, Thinkswap will provide a full refund of.
Equality before the law, also known as equality under the law, equality in the eyes of the law, or legal equality, is the principle that each independent being must be treated equally by the law (principle of isonomy) and that all are subject to the same laws of justice (due process).
Essay on Equality: Meaning and Kinds of Equality.
“Equality does not mean the identity of treatment or the sameness of reward. If a bricklayer gets the same reward as a mathematician or a scientist, the purpose of society will be defeated. to run for and hold office.
It has insisted that individuals should be equal before the law. Equality before law consists in ‘equal subject of all classes to the ordinary law of the land administered by the ordinary law courts’. It means that amongst equals, the law should be equal and should be equally administered and that the ‘like should be treated alike’.
Equality before law is the second meaning of rule of law. According to this meaning no man is above the law, irrespective of the rank of the person or circumstances.
in the Europe liberal democratic countries this principle of rule of law was not universally true.Download