equal protection of the law

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 ?
He argued that it is the fundamental right of the people of Fata to enjoy equal protection of the law and to be treated in accordance with the law as an integral part of the federation.
The TRAIN Law also violates the due process and equal protection of the law provisions of the Constitution, the rules on the origin of revenue laws, and the rules on quorum.
Part 3 is devoted to individual rights, including, but not limited to, freedom of contract (a linchpin for Epstein's theory), the taking of private property (the subject of Epstein's most famous book to date), freedom of speech, freedom of religion, and the equal protection of the law.
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.
He alleged the administrative and executive action are violative of his fundamental rights enshrined in the Constitution of the country namely the the right to equality and equal protection of the law.
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.
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.
The Court had to make its decision based not on whether the authors of the Fourteenth Amendment had desegregated schools in mind when they wrote it in 1868 but on whether desegregated schools deprived black children of equal protection of the law when the case was decided in 1954.
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.