Equality before the law in the context of "Due process"

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⭐ Core Definition: Equality before the law

Equality before the law, known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Also called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. The principle of equality before the law is incompatible with and does not exist within systems incorporating legal slavery, servitude, colonialism, or monarchy.

Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, it states that everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias. The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.

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Equality before the law in the context of Isonomic

Isonomia also isonomy (ἰσονομία "equality of political rights," from the Greek ἴσος isos, "equal," and νόμος nomos, "usage, custom, law,") is a word that means equality before the law. It was a word used by ancient Greek writers such as Herodotus and Thucydides to refer to some kind of popular government. It was subsequently eclipsed until brought back into English as isonomy ("equality of law"). Economist Friedrich Hayek attempted to popularize the term in his book The Constitution of Liberty and argued that a better understanding of isonomy, as used by the Greeks, defines the term to mean "the equal application of the laws to all."

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Equality before the law in the context of Civil liberties

Civil liberties are fundamental rights and freedoms that governments pledge not to restrict, either through constitutions, legislation, or judicial interpretation, without due process of law. Although the scope of civil liberties differs between countries, they often include the freedom of conscience, freedom of the press, freedom of religion, freedom of expression, freedom of assembly, personal security, personal liberty, freedom of speech, right to privacy, equality before the law, due process of law, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill, whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek, whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.

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Equality before the law in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Equality before the law in the context of Secular state

A secular state is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen based on their religious beliefs, affiliation or lack of either over those with other profiles.

Although secular states have no state religion, the absence of an established state religion does not mean that a state is completely secular or egalitarian. For example, some states that describe themselves as secular have religious references in their national anthems and flags, laws that benefit one religion or another, or are members of the Organisation of Islamic Cooperation and of the International Religious Freedom or Belief Alliance.

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Equality before the law in the context of Civil rights movements

Civil rights movements are a worldwide series of political movements for equality before the law, that peaked in the 1960s. In many situations they have been characterized by nonviolent protests, or have taken the form of campaigns of civil resistance aimed at achieving change through nonviolent forms of resistance. In some situations, they have been accompanied, or followed, by civil unrest and armed rebellion. The process has been long and tenuous in many countries, and many of these movements did not, or have yet to, fully achieve their goals, although the efforts of these movements have led to improvements in the legal rights of some previously oppressed groups of people, in some places.

The main aim of the successful civil rights movement and other social movements for civil rights included ensuring that the rights of all people were and are equally protected by the law. These include but are not limited to the rights of minorities, women's rights, disability rights and LGBT rights.

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Equality before the law in the context of Political equality

Political egalitarianism describes an inclusive and fair allocation of political power or influence, fair processes, and fair treatment of all regardless of characteristics like race, gender, religion, age, wealth, intelligence and sexuality. Political egalitarianism, and its close cousin political equality, are key founding principles and sources of legitimacy for many democracies. Related principles include one person, one vote and equality before the law.

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Equality before the law in the context of Libertarian

Libertarianism (from French: libertaire, lit.'libertarian'; or from Latin: libertas, lit.'freedom') is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the non-aggression principle, according to which each individual has the right to live as they choose, as long as they do not violate the rights of others by initiating force or fraud against them.

Libertarianism has been broadly shaped by liberal ideas. Libertarians advocate the expansion of individual autonomy and political self-determination, emphasizing the principles of equality before the law and the protection of civil rights, including the rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. They generally support individual liberty and oppose authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope and nature of their opposition to existing economic and political systems.

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Equality before the law in the context of Emancipation

Emancipation generally means to free a person from a previous restraint or legal disability. More broadly, it is also used for efforts to procure economic and social rights, political rights or equality, often for a specifically disenfranchised group, or more generally, in discussion of many matters.

Among others, Karl Marx discussed political emancipation in his 1844 essay "On the Jewish Question", although often in addition to (or in contrast with) the term human emancipation. Marx's views of political emancipation in this work were summarized by one writer as entailing "equal status of individual citizens in relation to the state, equality before the law, regardless of religion, property, or other 'private' characteristics of individual people."

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