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 ?
11212, as void and unconstitutional for 'infringing on Peco's rights to due process and equal protection of the law.'
She further argued that Article 25 of the Pakistani constitution has expressly held that all the citizens are equal before law and are entitled to equal protection of the law and that equality is to be maintained amongst equals.
Dr Mazari said that Article 25 of the constitution safeguard the equality of all citizens before the law and entitlement of all citizens to equal protection of the law. She said Article 25-2 of the Constitution makes specific references to prohibiting discrimination on the basis of gender.
This led to unfair discrimination, lack of equal protection of the law as guaranteed by the Constitution, Njoroge said.
We will continue to call on the Russian government to ensure that LGBTI individuals in Chechnya are treated as equal members of society and benefit from equal protection of the law, in accordance with Russias constitutional guarantees and its international human rights obligations.
While demanding equal protection of the law for himself, Rao Anwar forgets that Naqeebullah Mahsud was denied the same right - who was murdered cold-bloodedly under his command.
Recently retired Justice Anthony Kennedy located the right to same-sex marriage in both the liberty protected by due process and in the equal protection of the law. The liberty protected by due process includes the fundamental right to marry the person of one's choice.
13-17 which "prohibits discrimination and enforces equality before the law and equal protection of the law without any discrimination in the city of Baguio on the basis of religion, ethnicity, sexual orientation and gender identity, health status, disability and age." (Zaldy C.
EACH and every citizen of this country has a fundamental right to equal protection of the law. However, that right cannot possibly be upheld if the judiciary itself appears to consider some Pakistanis as being worthy of contempt or deserving of discrimination on the basis of their religious beliefs.
class="MsoNormalHe added that all persons should be equal before the law and entitled, without any discrimination, to equal protection of the law.
Pakistani law allows the grant of citizenship to a national's foreign wife, however, it prohibits a foreign national husband of a Pakistani woman to attain citizenship of the country.Taking up the Interior Ministry's plea against a Lahore High Court (LHC) order, wherein the federal government was directed to grant citizenship to an Indian man, Asghar Haider, who married a Pakistani girl, Rukhsana, in 2004, the bench questioned whether the law is not in violation of Article 25 of the Constitution, which states that all citizens are equal before the law and are entitled to equal protection of the law and that there shall be no discrimination on the basis of sex.
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. In part 4, Epstein closes the book with a call to arms: "We will all be losers if we continue to think that progressive and conservative thought are the only available choices.