What is Legal Equality?
At its most basic level, legal equality is the fundamental idea that all people are subject to the same set of laws and will be treated equally by those laws when they are broken. In this way, the law lays a level playing field for all who might be affected by it in the proceedings following a criminal incident. As it’s defined, legal equality doesn’t necessarily guarantee all people will be treated the same way in every situation, but it does mean that all people will be treated according to the law regardless of who they are or what power they think might grant them privilege to act outside of the law .
Legal equality is what allows the justice system to function fairly because it removes bias from the hands of judges and juries, and gives them a structure of rules under which they must act. The expectation is that by setting these parameters, those acting in the judicial system will not be able to play favorites with how they treat certain people or how they handle legal matters in their professional lives.
Historical Perspective
The phrase "equality before the law" is traditionally understood to describe a state of affairs in which "all people are treated equally before the administration of justice, without regard to wealth or status." This concept has a long and sometimes complicated history as a basis for law and policy. Its origins go back many centuries, perhaps as far as ancient Rome, and perhaps a few centuries more. By the 14th century, " . . . modern states were well aware of the principle that legal rules ought to bind all equally . . . ." In modern times, "it was the American Revolution that took it up as a central organizing principal of the new republic." As the impact of two world wars led to the rise of human rights as a pre-eminent area of focus for nation states, "equal protection of the law" became not merely a matter of public law, but of international law as well. In order to maintain consistency and uniformity within and among different legal systems, the major contributions to the conception of equality before the law have tended to be consolidated into international statements of principle. So by about 1960, "the classics of this new law of nations consisted of two major yardsticks: General Assembly resolution 217 in 1948, with its famous preamble proclaiming that ‘all human beings are born free and equal in dignity and rights,’ and the International Covenant on Civil and Political Rights of 1966, whose article 26 provided that ‘all persons are equal before the law and are entitled without any discrimination to equal protection of the law.’" (Dong-Ha Hong, The Constitutionalization of International Law: The Evolution of the Equality Before the Law Principle, Korean Journal of Policy Studies, Vol. 12 (2004)).
Law and Principles
Equality before the law is enshrined in a number of key legislation and constitutional provisions. The Constitution of Ireland guarantees equality before the law in Article 40, Section 1. Subsection 1 states "all citizens shall, as far as practicable, be treated equally before the law". While there is no Equality Before the Law Act as such, the principle of equality before the law is given effect in legislation such as the Employment Equality Acts 1998-2015. The concept is also central to the Citizens Information Services equality section.
The core principle of equality before the law can also be found in other legislation and provisions.
Additionally, other important legal instruments that address this principle include; the International Covenant on Civil and Political Rights of 1966, Article 14 and the Convention on the Rights of Persons with Disabilities, Article 5. The European Court of Justice in its rulings has enforced equality under the law and equality of arms ensuring fairness in justice process and access to justice and provision of judicial remedies.
Equality Before the Law or Equal Protection
While the phrases "equality before the law" and "equal protection of the laws" are frequently employed interchangeably, each concept bears unique connotations. Under the doctrine of equality before the law, the law should apply equally to all individuals regardless of their social position, race, ethnic background, wealth, or any other status. The principle of equal protection under the laws has a similar effect. It provides, in essence, that all people should be treated equally before perceived differences in status. Yet, when it comes to specific applications, courts, and litigants, continue to rely upon the differences between these concepts. For example, a state law that creates a special privilege for a particular race to do business in a particular area, such as the infamous "Sundown Towns" of the past, violates the equal protection clause, while not necessarily violating the principle of equality before the law. If an aggrieved citizen resides in a state with a sundown town policy , his rights have been violated and he may bring an action under the Equal Protection Clause of the 14th Amendment. However, should the concerned citizen reside in a jurisdiction where all races are denied the right to do business at a particular time of day, then the principles of equality before the law have not necessarily been violated and it would not be appropriate for someone in the affected community to bring an action against financial institutions under the principle of equality before the law alone. Should communities seek enforcement of the equality before the law concept, a community organization acting on behalf of its members may be appropriate. The principle of equality before the law does not confer special status upon organizations themselves, as would be the case under the equal protection of the laws. Rather, community-based organizations that were not intended to be special classes are acceptable plaintiffs in their representative capacity on behalf of their affected members.
Issues and Arguments
While the theory of equality before the law may seem clear-cut, a variety of legal systems and jurisdictions have faced a range of challenges and criticisms regarding its actual implementation. One such challenge is the systemic bias that can exist within legal processing and judgment delivery. For example, racial and ethnic minority groups may face higher conviction rates, longer sentences, or a greater likelihood of being stopped and searched by authorities. In addition to biases of personal prejudices, the structural issues of certain legal systems may exacerbate such concerns. Discrimination has also been found in the criminal justice system, which plays a large role in equal legal protection. A variety of special interest groups and advocacy organizations have pointed out that equality issues exist in all areas of law, including property and contract laws.
Socio-economic disparities, as referenced above, are often at the heart of many discussions of how legal equality can actually be ensured. Various studies have demonstrated that lower-income individuals may avoid asserting their rights solely because of the costs and effort required in doing so. This population may experience discrimination in the form of court impunity, overcrowded dockets, grinding delays and procedural holdups, and the like.
Ensuring Equality in the Legal System
Enshrining the principle of equality before the law involves more than simply including it in a nation’s constitution; it requires systems, policies, and stakeholders that are all aligned to promote equal application of the law. The promotion of equality before the law begins with legal professionals who must champion the principle in their practices. Every lawyer and judge must have an understanding of their country’s laws and be inspired by a commitment to equal justice for all, whether they represent a plaintiff or a defendant.
For law-makers, it is important that they consider the potential for legislation to impact equality before the law. Are there vulnerable groups in society that may not be able to effectively utilize certain laws? For example , a physical disability could prevent someone from accessing a court building, while a lack of knowledge about the legal system or processes could impede a person’s ability to safeguard themselves at trial. Legislators should seek to implement programs and policies to remove these barriers and ensure that everyone has equal access to justice within the legal system.
It is often advocacy groups that are the most vocal champions of equality before the law. Legal aid organizations and civil rights groups seek to establish equal access to justice for all, regardless of their citizenship status, race and ethnicity, and economic resources. Whether litigating civil rights violations or working to increase access to legal aid, advocacy groups and activists play an important role in the promotion of equality before the law.