Equality Before the Law Defined
Meaning of "equality before the law" – a simple definition
Equality before the law means that all people must follow the same legal rules and principles. When deciding a case, judges must apply the relevant law without fear or favour. In so doing, they must treat people equally, irrespective of their age, sex, race, wealth, social position, religious beliefs or any other characteristic. For example, judges must not favour one party to a legal dispute over another because one party has more money or is of a different social status. They must apply the same legal principles to different sets of facts , in like cases. If they don’t, the aggrieved party is likely to succeed in appealing the decision.
The legal principle of equality before the law is expressed in the saying "the law must be applied and administered equally and without prejudice". The underlying concept is that the law applies equally, without preference to any person, according to the same rules. However, this idealisation of the application of the law is not always attained in practice. In some societies people with power or status are treated differently to others who do not have connections.
A Brief History of Legal Equality
For centuries, the concept of legal equality has been an evolving foundation of the legal system. As societal values transitioned towards individual rights and away from class structures, the notion that everyone should be equal before the law began to gain traction. One of the earliest legal texts to address this principle was the Magna Carta in 1215, under which King John accepted that all free men had the right to justice and a fair trial. Even so, it was not until the 18th century that the principle of equality before the law started to take a more defined shape.
The Enlightenment was an important time in the history of legal equality, as philosophers such as Voltaire and Rousseau espoused ideals of justice that were not limited to the aristocracy. The recognition of equality before the law began to find its way into representative democracies, enshrined as a fundamental principle in many modern constitutions. The Declaration of the Rights of Man and Citizen in revolutionary France declared that ‘all men are equal by law.’ In the United States, the Equal Protection Clause of the 14th Amendment established that no state could deny any person the equal protection of the laws.
The evolution of equality before the law has been marked with legal decisions that further define this principle. Over time, the principle has expanded to encompass various dimensions of equality, including gender, race, disability, and other characteristics. In the modern context, equality before the law has become a central tenet of human rights law at both national and international levels, embodied in documents such as the International Covenant on Civil and Political Rights and the 1993 Vienna Declaration and Programme of Action.
Despite its long history and widespread acceptance, the principle remains a subject of legal interpretation and sociopolitical debate. Cases continue to be decided that test the limits of equality before the law, raising questions about the scope of this foundational principle.
The Necessity of Legal Equality in Modern Age
In today’s world, the principle of equality before the law is vital for the continued functioning of modern democratic societies. It serves not only as a critical barrier against the state’s infringement on individual freedoms but also plays a fundamental role in the equitable administration of justice. The core of this principle is that the law treats every person equally, regardless of their status, race, religion, gender, or background. This leads to effective law enforcement and consistency in the application of the law. Unpredictability in the law undermines the very notion of order and governance and would result in widespread civil disobedience.
Moreover, equality before the law ensures protection of human rights by establishing a common platform where all citizens can seek justice, accountability, and redress. Declaring everyone equal before the law helps eliminate discrimination and biases. It paves the way for equal representation and active participation of all in all sectors of society.
This principle is fundamentally important to maintaining democratic governance. It prevents authoritarianism and upholds principles of justice and accountability. No person is above the law, and everyone is subject to its jurisdiction. It is imperative for sustaining trust in governments and courts.
Legal Systems That Foster Equality Before the Law
Internationally, a number of treaties under the United Nations system explicitly promote the right to equality before the law and equal protection of the law. Perhaps most notably, Article 26 of the International Covenant on Civil and Political Rights (ICCPR) states that all persons are equal before the law and are entitled without any discrimination to the equal protection and equal benefit of the law. According to the article, the law shall guarantee to all individuals equal and effective protection against discrimination on any ground, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In addition to the ICCPR , a number of other international documents under the UN system guarantee equality before the law, including the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), and the International Convention on the Elimination of All Forms of Racial Discrimination (1966). At the national level, multiple constitutions contain provisions that guarantee equality before the law. In particular, the Constitution of Australia guarantees equality before the law in Section 117 of Chapter V, which addresses the Powers of the Parliament. Other examples can be found in the constitutions of Angola (2010), Botswana (1966), and Canada (1982).
Barriers to Legal Equality
Even in jurisdictions that recognize equality before the law, obstacles to this fundamental principle remain. Discrimination is a pervasive societal issue and can take a variety of forms, including but not limited to: favoritism or prejudice based on membership in a particular demographic group or socioeconomic status; or laws or policies that intentionally or unintentionally target particular groups. Such discrimination leads to systemic inequality that can further entrench uneven levels of power or resources and skew application of the law. Although legal equality can have important implications for social behavior and attitudes, the law is not the sole tool for effecting change. Environmental factors such as disparities in access to health care, quality education, housing, and employment opportunities, as well as wealth gaps, all impede real and perceived accessibility to the law and the justice system. Because these gaps are so closely tied to systemic socio-economic inequalities, they may create barriers between individuals that result in the erosion of trust in overall social cohesion. In addition to social factors, economic considerations impede the realization of equality before the law. Procedural justice and fairness of the legal system can be difficult and costly to access for some people, depending on their financial means. Within the context of inequality before the law, this challenges the idea that the law is equally accessible to all individuals, regardless of income or socio-economic standing. Especially within civil law, individuals who cannot afford to access attorneys to represent them are at risk of facing unopposed litigation. Furthermore, more extreme economic inequalities can lead to differential impacts from laws, as the wealthy and powerful are better able to resist and evade punishment or sanction.
Equality: Prescribing Solutions and Remedies
Strategies to promote equality before the law can be diverse, often requiring systemic changes and targeted initiatives across various sectors of society. One effective approach is to implement policy changes aimed at breaking down systemic barriers to access and participation in the justice system. Governments can enact legislation that makes legal processes more transparent and accessible, while also providing resources for marginalized groups to navigate the legal system effectively.
Legal reforms can also play a crucial role in promoting equality before the law. This may involve revising outdated or discriminatory laws, or providing better training and education for law enforcement, judges, and lawyers on issues of equity and inclusivity. By fostering a deeper understanding of social justice issues among legal professionals , the legal system can better reflect the principles of equality before the law as it engages with diverse communities.
Educational programs and community outreach initiatives also serve as vital tools to promote equality before the law. For example, increasing accessibility to legal information through the development of multi-lingual resources and practical legal guides can empower individuals to better understand and engage with the legal system. Additionally, scholarship programs for underprivileged youth can promote legal careers and representation amongst marginalized communities.
Moreover, advocacy efforts play a key role in promoting equality before the law. Grassroots movements that challenge inequitable practices and push for legal reforms are essential in holding the legal system accountable to its vision of equality, and in ensuring that all individuals are treated equally. As long as there are systemic barriers that challenge the value of equality before the law, the work to address those challenges must continually evolve.