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)

References in periodicals archive ?
But excluding refugees just for having a penis is wrong and violates the United Nations' Universal Declaration of Human Rights, which forbids sexual discrimination and states in Article 7: "All are equal before the law and are entitled without any discrimination to equal protection of the law.
Allen said Virginia's constitutional ban on same-sex marriage violated the right to due process and equal protection of the law under the U.
The Cybercrime Prevention Act has impinged on freedom of speech, equal protection of the law, right to privacy, illegal searches and seizures, double jeopardy, and the justice department's power to dismantle allegedly erring websites.
This deferral denies the Palestinian peoples' right to an effective judicial remedy and the equal protection of the law.
Many have argued, albeit unsuccessfully, that this is in violation of the constitutional requirement for equal protection of the law which is an integral part of all state constitutions as well as the Constitution of the United States of America.
In order to find there was discrimination, the SCC in Eldridge looked at whether the claimant had established that he had been denied equal benefit or equal protection of the law because of a distinction drawn between himself and others, and whether the denial constituted discrimination based on one of the enumerated grounds (such as race or religion) or on an analogous ground.
Specifically, but for the Plessy decision, our legal standards for equal protection of the law may not have adequately addressed the desegregation issue in Brown.
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 Fourteenth Amendment guarantees that states shall not deny any person the equal protection of the law.
GORE, THE SUPREME Court expressed new ardor for the constitutional right to equal protection of the law.
The analysis of actual decisions that affect planning practice helps students focus attention on basic issues such as equal protection of the law (housing opportunity for all), freedom of speech (sign controls), and delegation of powers (state to local government enabling laws).
We must first become economically empowered, the struggle not only to make that power roughly equivalent in size and substance to the economic power of other groups, but also to establish for our power the equal protection of the law.