The "equal application" principle is that in international armed conflicts, the laws of war apply equally to all who are entitled to participate directly in hostilities, irrespective of the justice of their causes.
What is equal protection of the law?
1 Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. 2 U.S. Constitution. ... 3 Equal Protection Analysis. ...
What does all shall be equal before the law mean?
Graffiti in Cape Town: "All shall be equal before the law." Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.
What is the effect of the equality clause?
The clause is not intended to provide equality among individuals or classes but only equal application of the law. The result of a law, therefore, is not relevant so long as there is no discrimination in its application.
When is the result of a law not relevant?
The result of a law, therefore, is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the Equal Protection Clause is crucial to the protection of civil rights.
What does equal mean in law?
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.
What is the equal protection of the law?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What would be an example of equal protection of the laws?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
Where does it say equal protection under the law?
The Equal Protection Clause of the Fourteenth Amendment The Fourteenth Amendment was enacted shortly after the Civil War to combat discrimination and ensure due process.
What is the meaning of equality before the law?
The phrase 'equality before the law' is often used in relation to the rule of law and means: the law should apply to all people equally regardless of their status in society – rich or poor, young or old, regardless of their gender, race, culture, religion, or any other attribute.
What to you is importance of the principle of equal protection of the law?
The aim of equal protection was to force states to govern in an impartial manner and not draw distinctions between persons based on differences that are not material to governmental objectives. Therefore, the equal protection clause was crucial in the safeguarding of civil rights.
What does the Constitution say about equality?
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
What are violation of equal protection laws?
A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.
How important is the Equal Protection Clause to the students?
The Equal Protection Clause is considered and important law in public education and courts have invoked it to prohibit segregation of children due to race, stop sex-based discrimination in a school setting, guarantee school access to children whose parents are not legal citizens and protect gay and lesbian students and ...
What part of the Constitution says everyone is equal?
the 14th AmendmentThe equal protection clause in the 14th Amendment means that states must treat all their citizens equally. States can't favor men over women, whites over blacks, or heterosexuals over gays.
What are the limitations of the Equal Protection Clause?
One of the main limitations in the Equal Protection Clause is that it limits only the powers of government bodies, and not the private parties on whom it confers equal protection. This limitation has existed since 1883 and has not been overturned.
Why was the Equal Protection Clause created?
Finally, the “equal protection clause” (“nor deny to any person within its jurisdiction the equal protection of the laws”) was clearly intended to stop state governments from discriminating against Black Americans, and over the years would play a key role in many landmark civil rights cases.
What is equal protection of law in the Philippines?
The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality.
What does equal protection under the law mean quizlet?
Equal Protection Clause. enforces the idea that the laws of a state, or of the nation, must treat any given individual in the same way as it would treat other individuals who are in similar conditions and circumstance.
What exactly does the 14th Amendment say?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Why is equal protection of the law important quizlet?
It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.
Why is the Equal Protection Clause important?
The result of a law, therefore, is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the Equal Protection Clause is crucial to the protection of civil rights.
Which amendment guarantees equal protection?
14th Amendment Equal Protection Clause. The Equal Protection Clause of the 14th Amendment prohibits states from denying any person within its jurisdiction the equal protection of the law. In other words, the laws of a state must treat an individual in the same manner as other people in similar conditions and circumstances.
What does the Supreme Court determine about state classification?
Traditionally, the Court finds a state classification constitutional if it has a “rational basis” to a “legitimate state purpose.”.
Which amendment is the due process clause?
Actions by the federal government, however, that classify individuals in a discriminatory manner will, under similar circumstances, violate the Due Process Clause of the Fifth Amendment.
Does the 14th amendment apply to the federal government?
The Court also requires states to show more than a rational basis (though it does not apply the strict-scrutiny test) for classifications based on gender or a child’s status as illegitimate. The 14th Amendment is not by its terms applicable to the federal government. Actions by the federal government, however, that classify individuals in ...
What is the meaning of "all shall be equal before the law"?
Graffiti in Cape Town: "All shall be equal before the law.". Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process ...
Which article of the Universal Declaration of Human Rights states that all people are equal?
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".
Why was the parricide penalty declared unconstitutional?
Article 200 of the Criminal Code of Japan, the penalty regarding parricide, was declared unconstitutional for violating the equality under the law by the Supreme Court of Japan in 1973. This was a result of the trial of the Tochigi patricide case.
What does the Bible say about equality?
The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you.".
What is the general guarantee of equality?
The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.
What is the principle of isonomy?
Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery .
What is the principle that all people must be equally protected by the law?
Liberalism portal. Politics portal. v. t. e. Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal ...
What is equal protection?
A good equal protection of the law definition boils down to individual-regarding equality, which is a broad term that refers to an egalitarian society where all people are treated equally, regardless of :
When was the Equal Protection Clause circumvented?
The intent behind the equal protection clause was circumvented 80 years after the inclusion of the Fourteenth Amendment. It was not until Brown v. Board of Education in 1954 that the courts revised course and officially rendered segregation unconstitutional. According to Justice Earl Warren, the idea of equal protection was changed and applied to cases surrounding the following:
What was the Supreme Court ruling in 1857?
The U.S. Supreme Court reinforced the institution of slavery in 1857, ruling that slaves were not citizens within the confines of the Constitution. The court further held that slaves were only property that did not have constitutional protections.
Who believed in equality?
The notion of equality and equal protection stems from the foundation of the nation. In 1776, Thomas Jefferson and other colonists proclaimed a “self-evident” truth regarding human equality. However, such meaning was never clearly stated. The situation of slavery was included into the U.S. political, social, and economic fabric of the nation, which contradicted the idea of equality. Many colonists owned slaves, including Jefferson, and firmly believed that the black race was inferior.
Which amendment was passed after the Civil War?
The Fourteenth Amendment, which was adopted after the Civil War, prohibited states from denying individuals equal protection under law. This meant that states must treat all people in the same way as others.
What is equal protection?
Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
Which amendment requires states to practice equal protection?
The Fourteenth Amendment's Equal Protection Clause requires states to practice equal protection. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
When an individual believes that either the federal government or a state government has violated that individual's guaranteed equal rights?
When an individual believes that either the federal government or a state government has violated that individual's guaranteed equal rights, that individual is able to bring a lawsuit against that governmental body for relief .
Can the government discriminate against individuals?
Before proceeding, it is important to remember that a government is allowed to discriminate against individuals, as long as the discrimination satisfies the equal protection analysis outlined below, and described in full detail in this Santa Clara Law Review article.
Overview
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged ove…
History
The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you." (Numbers 15:15f)
The legalist philosopher Guan Zhong (720–645 BC) declared that “the monarch and his subjects no matter how great and small they are complying with the la…
Liberalism
Liberalism calls for equality before the law for all persons. Classical liberalism as embraced by libertarians and modern American conservatives opposes pursuing group rights at the expense of individual rights.
In his Second Treatise of Government (1689), John Locke wrote: "A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having mor…
Feminism
Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men. An ideal of formal equality may penalize women for failing to conform to a male norm while an ideal of different treatment may reinforce sexist stereotypes.
See also
• Anti-discrimination law
• Civil and political rights
• Equal justice under law
• Equality of opportunity
• Global justice
Further reading
• Hudson, Adelbert Lathrop (1913). "Equality Before the Law". The Atlantic Monthly. Vol. CXII. pp. 679–688.
• Shenfield, Arthur A. (1973). "Equality Before the Law". Modern Age. Vol. XVII. No. 2, pp. 114–124.