The principle of equality before the law does not mean the absolute equality, namely the equal treatment of men without regard to individual, concrete circumstances, but it means the relative equality, namely the principle to treat equally what are equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required.
At the outset of the dialogue, the Country - Rapporteur sought clarification from the Australian government as to its interpretation of
the principle of equality before the law:
Judge Tanaka of the International Court of Justice stated, in the South West Africa case, that «
The principle of equality before the law does not mean the absolute equality, namely the equal treatment of men without regard to the individual, concrete circumstances, but it means the relative equality, namely the principles to treat equally what are equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required», (1966) ICJ Rep 6, pp303 - 305.
Limiting access to justice and shredding the treasured
principle of equality before the law,» Waddington said.
(4) State organs and administrative authorities shall act in compliance with
the principle of equality before the law in all their proceedings.
The dark irony of American constitutional democracy is that our judges — whose special responsibility it is to preserve the core democratic
principle of equality before the law — are the ones whose edicts have betrayed this principle.
The dark irony of American constitutional democracy is that our judges» whose special responsibility it is to preserve the core democratic
principle of equality before the law» are the ones whose edicts have betrayed this principle.
With each and every growing controversy, we have seen that the government's changes to the criminal justice system have been rooted in the panacea of cutting costs, with little regard to preserving the integrity and the fundamental
principles of equality before the law and access to justice that sit at the heart of our legal system.
«With each and every growing controversy, we have seen that the government's changes to the criminal justice system have been rooted in the panacea of cutting costs, with little regard to preserving the integrity and the fundamental
principles of equality before the law and access to justice that sit at the heart of our legal system,» he said.
Not exact matches
In particular, the declaration references the charter's «
principles of constitutional contractual citizenship» and «freedom
of movement, property ownership, mutual solidarity and defense, as well as
principles of justice and
equality before the law,» in regards to Muslims and non-Muslims.
The New Patriotic Party (NPP) in Ghana believes in the
principles that democratic societies provide individuals with the best conditions for political liberty, personal freedom,
equality of opportunity and economic development under the rule
of law; and therefore being committed to advancing the social and political values on which democratic societies are founded, including the basic personal freedoms and human rights, as defined in the Universal Declaration
of Human Rights; in particular, the right
of free speech, organization, assembly and non-violent dissent; the right to free elections and the freedom to organize effective parliamentary opposition to government; the right to a free and independent media; the right to religious belief;
equality before the law; and individual opportunity and prosperity.
«I am walking another path, the path
of making reality the
principle of the rule
of law, the idea
of equality of every citizen
before the law.
The fundamental
principle of Canadian Society is
equality before and under the law.
When introducing rights and freedoms,
principles of fundamental justice, and guarantees
of equality before the law, I accept that the framers didn't envision the precise Canada we live in today but it would be foolish revisionism to suggest that they didn't know something BIG was happening and that the seed they were planting would grow into a living tree whose branches and leaves could not be accurately predicted.
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.»
ii) Article 5 requires that, in accordance with the
principle of effective participation, States guarantee the right
of everyone to
equality before the law, including in relation to political rights, the right to own property (individually or communally), the right to inherit and the right to equal participation in cultural activities.
Recommendations made by the study apply fundamental human rights
principles of the right to
equality before the law, the right to enjoy and maintain a distinct culture and the
principle of effective participation, through the recommendations
of prior informed consent.
In some views, the Biblical
principles of marriage state that the man is the head
of the house and is to be honored and obeyed, while others apply Bible
principles that hinge on marital
equality in a partnership
before God.
The
principles of non-discrimination and
equality before the law are among the most basic
principles of civil society.
Finally, respect for human rights obligations, especially the right
of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to
equality before the law, including in the enjoyment
of the right to equal treatment
before the tribunals and all other organs administering justice [75], calls for the development
of principles which address the unique evidentiary issues involved in native title litigation, including the reality
of claims based substantially upon orally - transmitted traditions, the lack
of written records
of indigenous laws and customs, the «unsceptical» receipt
of uncorroborated historical evidence incapable
of being tested under cross-examination, and the epistemological, ideological and cultural limitations
of historical assessments
of traditional laws and customs by non-indigenous commentators.