Equality before the law
All are equal before the law without discrimination.
Equality before the law, also known as legal equality or isonomy, is the principle that all people must be equally protected by the law and that no individual or group is privileged over others. It requires a systematic rule of law that observes due process and provides equal justice. This principle is a basic tenet of some definitions of liberalism and is incompatible with systems such as slavery, servitude, colonialism, oligarchy, aristocracy, or absolute monarchy.
- label
- Equality before the law
- field
- Legal and political philosophy
- known_for
- Principle that all persons are equally protected by the law without discrimination
- key_document
- Article 7 of the Universal Declaration of Human Rights (UDHR)
Lore & Background
The principle of equality before the law has ancient roots. The Bible (Numbers 15:15f) also states that the foreigner and the native shall be the same before the Lord.
Reader's Guide
Equality before the law is a foundational concept in modern legal systems, enshrined in Article 7 of the Universal Declaration of Human Rights and in most national constitutions. However, specific implementations vary; for example, while many constitutions guarantee equality regardless of race, only a few mention equality regardless of nationality. The principle has been invoked in landmark cases, such as the 1973 Japanese Supreme Court ruling that declared Article 200 of the Criminal Code (penalty for parricide) unconstitutional for violating equality under the law. In the United States, Ruth Bader Ginsburg challenged laws that gave health benefits to wives of servicemen but not to husbands of servicewomen, arguing for gender equality before the law. The principle remains a subject of philosophical debate, particularly within feminism, where some argue that formal legal equality alone is insufficient to achieve actual social equality between women and men.
Did You Know?
- Article 7 of the Universal Declaration of Human Rights states: 'All are equal before the law and are entitled without any discrimination to equal protection of the law.'
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