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equal protection of the law |
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equal protection of the law n. the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts, both in procedures and in the substance of the law. It is akin to the right to due process of law, but in particular applies to equal treatment as an element of fundamental fairness. The most famous case on the subject is Brown v. Board of Education of Topeka (1954) in which Chief Justice Earl Warren, for a unanimous Supreme Court, ruled that "separate but equal" educational facilities for blacks was inherently unequal and unconstitutional since the segregated school system did not give all students equal rights under the law. It will also apply to other inequalities such as differentials in pay for the same work or unequal taxation. The principle is stated in the 14th Amendment to the Constitution: "No State shall..deny to any person within its jurisdiction the equal protection of the laws." (See: due process of law) |
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The key text is the Fourteenth Amendment to the Constitution, which provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws. What about his right under section 15 of the Charter to the equal protection of the law without discrimination on the basis of religion? The court ruled that the very fact of segregation--even if schools for blacks were equal in quality to schools for whites--violated the 14th Amendment to the Constitution, which requires that the government provide all citizens with "the equal protection of the laws. |
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