Relevant bibliographies by topics / Equality before the law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Equality before the law'

Author: Grafiati
Published: 4 June 2021
Last updated: 29 July 2024

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Journal articles on the topic "Equality before the law"

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Lucy, William. "EQUALITY UNDER AND BEFORE THE LAW." University of Toronto Law Journal 61, no. 3 (July 2011): 411–65. http://dx.doi.org/10.3138/utlj.61.3.411.

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Miguel, Alfonso Ruiz. "Equality before the Law and Precedent." Ratio Juris 10, no. 4 (December 1997): 372–91. http://dx.doi.org/10.1111/1467-9337.00067.

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Suhendar and Rino Dedi Aringga. "Equality Before the Law in Law Enforcement in Indonesia." Sinergi International Journal of Law 2, no. 1 (January 9, 2024): 38–48. http://dx.doi.org/10.61194/law.v2i1.109.

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Law enforcement is an effort to uphold and implement the values of justice outlined in formal regulations. However, a significant obstacle often arises from the actions of law enforcement officers conflicting with existing laws. This article discusses law enforcement in Indonesia from the perspective of equality before the law, using a juridical-empirical research method through literature review. The results indicate several deviations in the law enforcement process that hinder the realization of the principle of equality before the law. One of the main causes is the morality of law enforcement officers themselves.
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Custred, Glynn. "Individual rights and equality before the law." Academic Questions 10, no. 2 (June 1997): 15–17. http://dx.doi.org/10.1007/s12129-997-1061-9.

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Thomsen, Frej Klem. "CONCEPT, PRINCIPLE, AND NORM—EQUALITY BEFORE THE LAW RECONSIDERED." Legal Theory 24, no. 2 (June 2018): 103–34. http://dx.doi.org/10.1017/s1352325218000071.

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ABSTRACTDespite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value.
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K, Hamzah, Hamsah Hasan, and Amirullah Amirullah. "PENEGAKAN HUKUM TERHADAP PRINSIP PERSAMAAN KEDUDUKAN DI HADAPAN HUKUM (PERSFEKTIF HUKUM ISLAM)." Al-Amwal : Journal of Islamic Economic Law 4, no. 2 (September 17, 2019): 187–99. http://dx.doi.org/10.24256/alw.v4i2.1812.

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The research objective was to determine the principle of equality before the law, to see the principle of equality before the law in the perspective of Islamic law. This type of research is literature research, then this research uses a qualitative approach. The data technique in this research is to collect written works in the form of books and so on, then read and record the materials needed to obtain information related to the discussion. The data management steps taken were analysis and descriptive. The results of the research show that equality before the law or as equality before the law is a very important principle in law enforcement. Equality before the law is a means that must be lived and implemented to decide problems, especially in criminal law, so that discrimination does not occur. At the time of the Prophet Muhammad saw that equality before the law in Islam was applied by the existence of the Madina Charter, one of the principles in which a person must act fairly without differentiating between ordinary people and elite society.
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Kurnianto, Diska, Agna Susila, and Yulia Kurniaty. "PELAKSANAAN DEPONERING DALAM PERSPEKTIF ASAS EQUALITY BEFORE THE LAW." Varia Justicia 13, no. 1 (March 27, 2017): 1–9. http://dx.doi.org/10.31603/variajusticia.v13i1.1860.

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This study examines and analyzes related criminal cases abuse in the criminal justice system in Indonesia under Law No. 16 of 2004 on the Prosecutor of the Republic Indonesia by closing a criminal case under the Code of Criminal Procedure (Criminal Procedure Code). This research method using a normative juridical approach to law (Statute Approach). Primary legal materials, secondary, and tertiary obtained by the author will be analyzed using analytical techniques interpretation of the law, namely: Content Analysis, which is used as a reference in resolving legal issues that become the object of study. From the research results to the above method, the authors obtain answers to existing problems that the implementation case abuse accordance with the principles of opportunity in Article 35 letter c of Law Number 16 of 2004 on the Prosecutor of the Republic of Indonesia is still relatively small only be carried out by the Attorney General as the head chief prosecutor Court of the Republic of Indonesia in excluding criminal cases, and the closure of the case can be implemented by all prosecutors as the public prosecutor (prosecutor) without a process of public interest but can only be enforced closure of the case in the interest of law-related problems that menyangkat communities concerned in criminal cases.
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Angermeyer, Philipp Sebastian. "Beyond translation equivalence: Advocating pragmatic equality before the law." Journal of Pragmatics 174 (March 2021): 157–67. http://dx.doi.org/10.1016/j.pragma.2020.12.022.

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Rofingi, Rofingi, Umi Rozah, and Adifyan Rahmat Asga. "Problems of Law Enforcement in Realizing The Principle of Equality Before The Law in Indonesia." LAW REFORM 18, no. 2 (August 22, 2022): 222–37. http://dx.doi.org/10.14710/lr.v18i2.47477.

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Indonesia is a state of law. The law stipulates the principle of equality before the law. There are various problems in law enforcement. These problems have led to the failure to observe the principle of equality before the law. Just as the persecution suffered by Sarpan, the police admitted that they were the perpetrators of the murder. This is different from the case of Napoleón Bonarparte and Prasetijo Utomo, the suspect of bribery to remove red notice warrant of Djoko Tjandra. In this case, Djoko Tjandra had lunch with the head of the prosecutor's office. This research is significant considering the widespread practice of law enforcement that underestimates the principle of equality before the law, so it will not discriminate against everyone when applying the law in the future. This study uses the non-doctrinal reaserch because it examines laws and regulations and their implementation to the people. From this research, it is found that due to the problems of laws and regulations that are unsuitable for the people, lacked of ethics, beliefs, resources, and transparency in the screening of order agents, the principle of equality before the law has not been implemented, and there is inconsistency in the application of the law Integration leading to the decline in public trust to the law . Therefore, these issues need to be improved to realize the principle of equality before the law in law enforcement.
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Serdiuk, Valentyn, Valentyn Liubarskyi, and Ruslan Skrynkovskyy. "Guarantees of Ensuring Equality Before the Law and the Court in Ukraine." Path of Science 7, no. 6 (June 30, 2021): 1043–48. http://dx.doi.org/10.22178/pos.71-7.

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The article provides a theoretical analysis of the implementation of the principle of equality before the law and the court as the main principle of justice. Next, the modern understanding of the principle of equality before the law and the court is studied. Finally, the inviolability of citizens and various officials to whom inviolability is granted for exercising their powers in terms of equality before the law and the court is analyzed.
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Dissertations / Theses on the topic "Equality before the law"

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Muberanziza, Aloys. "L' égal accès du citoyen aux affaires publiques de son pays : essai de théorie générale et application au Rwanda /." Namur : Presses Universitaires de Namur, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/512625786.pdf.

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Naylor, Joseph Alan. "Liberal equality rights : Ronald Dworkin’s jurisprudence." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25476.

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Ronald Dworkin has achieved prominence in the field of jurisprudence through his book, Taking Rights Seriously, (hereafter TRS) his many articles in the "New York Review of Books," and other publications that pursue a coherent philosophy for liberals. In response to criticism of his earlier work, Dworkin has expanded and clarified his liberal position on equality rights. This thesis will address how Dworkin's later writings attempt to fill in gaps that occur in Dworkin's first arguments for a hierarchical, principled picture of the law. It will be argued here that Dworkin's views require an unusual perspective on the concept of an individual, and this renders his rights-based political morality seriously deficient. The nature of Dworkin's theory is first indicated by an attack on the "ruling theory of law" which he characterizes as positivistic when asked what the law is, and utilitarian when required to decide what the law should be. His central criticism charges that legal arguments are incomplete without principles which refer to or are implications of rights. Dworkin's liberal political morality is founded on rights to equal respect and concern. The elaboration of what these rights mean is sustained throughout Dworkin's publications. He maintains that his liberal rights-thesis is the theoretical articulation of the constitutional right to equality. Applying Dworkin's rights-theory to the Regents of the University of California v. Bakke2 case illuminates many of the more abstract aspects of his views. This thesis will argue against Dworkin by focusing on the too-narrow conception of individuals implied by his theory of rights. The ideal Dworkin employs of a right to 'equality of resources' justifies an aggressive redistributional scheme, unchecked by a fuller conception of what is an individual. Dworkin is only able to hold his ideal of a right to 'equality of resources' together with his notion of individual rights by accepting a diminished concept of the individual. This argument suggests that a fuller conception of an individual recognizes the connection between merit and entitlement. Dworkin's scepticism regarding the feasibility of merit being protected by individual rights is undercut by introducing a distinction between merit and success. Leaving key aspects of an individual, such as merit and its related features, out of official deliberation about rights, conceptually inhibits the extent of individualizability in a rights theory. If we wish to maintain such features, and value their protection and cultivation by a political order, adopting Dworkin's rights-thesis and its consequences is impossible.
Arts, Faculty of
Philosophy, Department of
Graduate
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Oesch, Matthias. "Differenzierung und Typisierung : zur Dogmatik der Rechtsgleichheit in der Rechtsetzung /." Bern : Stämpfli, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017741198&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Christalo, Pablo Mike Hayes. "Equality before the law in criminal cases before the Indonesian tribunal from the human rights committee standards /." Abstract, 2004. http://mulinet3.li.mahidol.ac.th/thesis/2547/cd374/4437792.pdf.

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Keith-Bandath, Rasheed Ethan. "Substantive equality and the defence of affirmative-action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/3899.

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Giving effect to the constitutional right to equality and the peculiar nature thereof in a heterogeneous society such as South Africa has proved to be a perplexing task. This is apparent when analyzing case law on the subject which demonstrates that our courts are regularly confronted with complex equality claims, and as a consequence, naturally have to make difficult decisions which in turn contribute toward our emerging and developing equality jurisprudence and ultimately the achievement of the constitutional standard of equality. This treatise considers substantive equality as a species of equality in the workplace and the defence of affirmative-action justification in terms of section 6 of the Employment Equity Act. In doing so, it outlines the seemingly peculiar application of affirmative action in a society that was once divided along racial and gender lines, a society that has once experienced one of the most severe forms of racial discrimination in the form of apartheid and its associated laws, policies and practices. This oppressive political regime had the effect of entrenching a deep legacy of racism, deprivation, exclusion and discrimination into the social fabric of society, which in turn had a disproportionate impact on the majority of people or categories of people relative to an elite minority. The legacy of this oppressive political system remains alarmingly evident today. The treatise reveals the challenges and difficulties a society faces in attempting to break with past patterns of disadvantage and its efforts to build a society that is non-racist, non-sexist, socially just and inclusive. The Constitution with its transformative vision should be considered the genesis of this credible and abiding process of redress. It is this exercise of redress coupled with the Constitution’s transformative mandate that raises difficult issues of restoration and reparation for past injustice, and the most appropriate and accommodating manner to do so. In addition to the Constitution, Parliament has enacted national legislation as a transformative agent in the workplace. The EEA as a legislative instrument was designed to give effect to the constitutional right to equality in the workplace. It emphatically prohibits unfair discrimination, but also obliges designated employers to implement affirmative-action measures. For such measures not to be unfairly discriminatory, they must be consistent with the purpose of the EEA. A plain reading of the EEA reveals that it does not provide sufficient guidelines for valid affirmative action. However, the EEA provides an interpretive injunction in that it must be interpreted in light of the Constitution and international law. In this regard the Constitutional Court in Minister of Finance v Van Heerden 1 in interpreting the Constitution, developed a test to assess whether a restitutionary measure such as affirmative action is in fact and in law a valid measure. To date this test is generally not followed, despite the authority of the judgment. In this regard, the courts have developed sound, but sometimes inconsistent principles and standards to test for the validity of affirmative action and to adjudge whether such measures are compliant with the Act. The test has also recently been reaffirmed in the recent judgment of South African Police Service v Solidarity obo Barnard.2 It is anticipated that affirmative-action case law will henceforth develop along the same lines. In this we appreciate judicial guidance and supervision in interpreting and pronouncing upon the legitimacy and validity of affirmative-action measures.
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Nconco, Mpumelelo. "Substantive equality and affirmative action in the workplace." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1617.

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During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other.
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Alexeiko, Maria L. "Gender mainstreaming and students in the Russian Far East." Ohio : Ohio University, 2005. http://www.ohiolink.edu/etd/view.cgi?ohiou1121188015.

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Ruffolo, Lyndsay Danielle. "Exploring the influence of legal and extra-legal factors in bail decisions /." Abstract and full text available, 2009. http://149.152.10.1/record=b3080022~S16.

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Thesis (M.S.) -- Central Connecticut State University, 2009.
Thesis advisor: Jennifer Hedlund. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 45-48). Also available via the World Wide Web.
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.

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Defence date: 27 April 2021
Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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Cole, Rowland James Victor. "Equality of arms and aspects of the right to a fair criminal trial in Botswana." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/3995.

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Thesis (LLD (Public Law))--University of Stellenbosch, 2010.
ENGLISH ABSTRACT: The guarantee of a fair trial is fundamental to the criminal process of every modern society. Like all civilised nations, Botswana’s legal order provides for the protection of accused persons through the guarantee of a fair trial. But equality of arms, a central feature of medieval trial by combat, seems to have disappeared from modern criminal procedural systems. The question arises, therefore, whether criminal justice systems sufficiently cater for the fair trial of accused persons. This thesis will argue that the present legal and institutional framework for the protection of fair trial rights in Botswana falls short of guaranteeing procedural equality and that this severely compromises fairness. The institutional framework does not support equality of arms and therefore leaves procedural rights in a basic state of application. The thesis, therefore, seeks to analyse the protection of fair trial rights in Botswana in light of the principle of equality of arms. The thesis explores the origins and theoretical foundations of the principle. It recognises that the present application of the principle occurs by implicit countenance. The absence of any constitutional recognition of the principle leaves procedural rights in a basic state of application. The thesis discusses the practical implications of an express recognition and constitutional application of the principle in the adversarial system. Equality of arms should be central in the criminal process and no party should have an unfair advantage over the other. The thesis recognises that the prosecution is in a position of advantage in that it has the support of the state. This advantage manifests itself in the form of vast resources regarding expertise, investigatory powers and legislative powers. Disparities in resources, the ability to investigate and access to witnesses create an inequality of arms between the state and the accused. This can only be balanced and countered by empowering the accused with constitutional and procedural rights that specifically protect the accused in the face of the might of the state. These procedural rights include the presumption of innocence, the right to legal representation and the right to disclosure. It is argued, however, that though accused-based rights and constitutional rules of procedure generally protect the accused and ensure that the process is fair, they mainly remain theoretical declarations if they are not applied in line with equality of arms. In other words, the meaningful enjoyment of these rights by the accused, demands the strengthening of resources and legislative and institutional governance. Fairness in criminal trials is epitomised in the balance between the overwhelming resources of the state and the constitutional protection of the accused. Otherwise, the constitutional protection afforded to the accused is compromised. The first part engages the reader with the development of accused-based rights and introduces the constitutionalisation of procedural rights in Botswana. It discusses the scope and application of the principle of equality of arms, develops its relevance to the adversarial system and justifies an application of the principle in Botswana domestic law. It makes a comparison between the adversarial and inquisitorial models while recognising the growing tendency towards convergence. It highlights the adversarial system as interest-based, and recognises the indispensability of the principle of equality of arms to such a system. While recognising that inquisitorial procedures often offend equality of arms, the role of the inquisitorial system in ensuring equality of arms is also recognised. It measures and analyses the normative value, application and recognition of equality of arms in Botswana’s legal system, arguing for express recognition and a conceptual application of the principle by the courts. It is reasoned that express recognition of the principle will result in fuller protection and better realisation of accused-based rights. Exploring the adversarial-inquisitorial dichotomy, it recognises the need for convergence, but emphasises the principle of equality of arms and the right to adversarial proceedings as the foundation for fair trials. The second part analyses the investigation process and generally bemoans the great inequalities at this stage of the criminal process. It discusses procedural and evidential rules that serve to minimise the imbalances and the role that exclusionary rules play in ensuring fair trials and reliable verdicts. The third part identifies specific trial rights which are relevant to the principle of equality of arms. Central to the discussion are the right to legal representation and the presumption of innocence which are discussed in chapters 7 and 8 respectively. These two important rights are central to the protection of the accused but unfortunately are the most compromised due to lack of resources and legislative intervention. Chapter 9 deals with other rights that are relevant to the principle as well as the ability of the accused to present his case and effectively defend himself. It emphasises the need for the courts to engage in the trial, thereby enabling the unrepresented accused. The fourth part contains final conclusions which argue that the principle of equality of arms forms the basis for the full realisation of individual procedural rights and advocates for the recognition of the principle in the Botswana legal order. It is concluded that the constitutional enshrinement of fair trial rights and their basic application by the courts, without actual measures to ensure their realisation, are insufficient. Suggestions include legislative and institutional reforms, as well as a constitutional recognition of the principle of equality of arms.
AFRIKAANSE OPSOMMING: Die waarborg van ‘n billike verhoor is fundamenteel tot die strafprosesregstelsel van elke beskaafde gemeenskap. Soos in ander beskaafde lande, word die beskuldige in Botswana ook beskerm deur die reg op ‘n billike verhoor. In die Middeleeue was gelykheid van wapens (“equality of arms”) die sentrale kenmerk van die tweegeveg as geskilberegtigingsmetode. Dit blyk egter dat hierdie sentrale kenmerk afwesig is in moderne strafprosesregstelsels is. Die vraag ontstaan of hierdie toedrag van sake ‘n beskuldige se reg op ‘n billike verhoor op risiko plaas. In hierdie tesis word betoog dat die posisie in Botswana van so ‘n aard is dat “ongelyke bewapening” veroorsaak dat die reg op ‘n billike verhoor belemmer word. Die plaaslike institusionele bedeling onderskraag nie die beskerming van gelykheid van wapens nie en veroorsaak derhalwe dat prosessuele regte in “a basic state of application” is, met ander woorde, op ‘n eenvoudige en meganiese toepassingvlak is. Met die norm van gelyke bewapening as vertrekpunt, ondersoek hierdie tesis die beskerming van die reg op ‘n billike verhoor in Botswana. ‘n Ondersoek word geloods na die oorsprong en toereriese basis van die beginsel van gelyke bewapening. Die afwesigheid van uitdrukklike grondwetlike erkenning van die beginsel, word vergelyk met die praktiese implikasies en uitdruklike grondwetlike erkenning en toepassing in ‘n adversatiewe stelsel. Gelykheid van wapens behoort sentraal tot die strafproses te wees en geen party behoor ‘n onbillike voordeel bo die ander te geniet nie. In hierdie tesis word erken dat die vervolging bloot vanweë die feit dat dit deur die staatsmasjienerie ondersteun word, wesenlik bevoordeel word bo die individu as aangeklaagde. Dit gaan hier om toegang tot hulpbronne soos deskundigheid, asook die rol wat misdaadondersoekmagte en ander wetgewing speel. Ongelykhede byvoorbeeld in hulpbronne, in die vermoë om misdaad te ondersoek en in die toegang tot getuies, dra alles daartoe by dat ‘n wanbalans tussen die staat en die individu ontstaan. Die verlening van prosessuele regte aan die beskuldigde is ‘n metode om die balans te probeer herstel. Voorbeelde van sulke regte is die reg om onskuldig vermoed te wees, die reg op ‘n regsverteenwoordiger en die reg op insae in verklarings. In hierdie tesis word egter betoog dat alhoewel hierdie regte en ander grondwetlike strafprosedures die beskuldigde kan beskerm en die billikheid van die proses kan bevorder, dit absoluut noodsaaklik is dat voormelde regte en prosedures in lyn met die beginsel van gelykheid van wapens geïnterpreteer en toegepas moet word. Betekenisvolle afdwinging en toepassing van ‘n beskuldigde se regte verg versterking van bronne en die institusionele bedeling. Billikheid in die strafverhoor word gekenmerk aan die graad van balans wat bereik kan word tussen die oorvloedige hulpbronne van die staat teenoor die grondwetlike beskerming van die beskuldigde. In die afwesigheid van ‘n balans, word die beskuldigde benadeel. Die eerste gedeelte van hierdie tesis behandel die ontwikkeling van die beskuldigde se regte en bevat ‘n inleiding tot die konstitusionalisering van prossuele regte in Botswana. In Deel Een word die omvang en toepassing van die beginsel van gelykheid van wapens bespreek en word die relevantheid van hierdie beginsel in die adversatiewe proses identifiseer, veral wat Botswana betref. Die adversatiewe en inkwisitoriese modelle word vergelyk en bespreek met erkenning aan die moderne neiging dat die twee modelle besig is om in een te vloei – die sogenaamde verskynsel van “convergence”. Daar word aangetoon dat gelykheid van wapens die adversatiewe model onderlê. Hierteenoor is dit so dat die inkwisitoriese model ook erkenning aan gelykheid van wapens verleen. Daar word betoog dat gelykheid van wapens ‘n normatiewe waarde het en uitdruklik in Botswana deur die howe erken moet word. Uitdruklike erkenning sal tot groter beskerming en realisering van ‘n beskuldigde se regte lei. In Deel Een word ook tot die slotsom geraak dat alhoewel daar ‘n behoefte aan “convergence” is, dit onvermydelik tog ook so is dat gelykheid van wapens en die reg op ‘n adversatiewe proses die grondslag van ‘n billike verhoor vorm. In Deel Twee word die misdaadondersoekproses ontleed en word die grootskaalse ongelykhede wat hier onstaan en bestaan, bespreek. Daar word gelet op prosesregtelike en bewysregtelike reëls wat hierdie ongelykhede kan minimaliseer. Die rol van uitsluitingsreëls ter bevordering van ‘n billike verhoor en ‘n betroubare bevinding, word ook aangespreek. Deel Drie identifiseer spesifieke verhoorregte wat in ‘n besondere direkte verband met die beginsel van gelykheid van wapens staan. Hier is veral twee regte van besondere belang: die reg op ‘n regsverteenwoordiger (hoofstuk 7) en die reg om onskukdig vermoed te wees (hoofstuk 8). Ongelukkig is dit so dat hierdie twee regte erg ondermyn word. Die reg op resverteenwoordiging word ingekort deur ‘n gebrek aan finansiële bronne terwyl die vermoede van onskuld deur wetgewing ondergrawe word. In hoofstuk 9 word ander relevante regte bespreek en word die noodsaak van ‘n aktiewe hof in die geval van ‘n onverteenwoordigde beskuldigde bepleit Deel Vier bevat finale gevolgtrekkings. Daar word betoog dat die beginsel van gelykheid van wapens die basis vorm in die volle relisering van individuele regte en, verder, dat hierdie beginsel ten volle in die regstelsel van Botswana erken behoort te word. Blote grondwetlike verskansing van die grondwetlike reg op ‘n billike verhoor en ‘n blote basiese interpretasie daarvan deur die howe, is onvoldoende wanneer daar geen maatreels is om die haalbare realisering af te dwing nie. Wetgewende en institusionele hervorming is nodig, asook ‘n grondwetlike erkenning van die beginsel van gelykheid van wapens.
Research funds made available by Prof. S. E. van der Merwe
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Books on the topic "Equality before the law"

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Commission, Australia Law Reform. Equality before the law. Sydney, NSW: Law Reform Commission, 1994.

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Commission, Australia Law Reform. Equality before the law. Sydney, N.S.W: The Commission, 1993.

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Doyle, Oran. Constitutional equality law. Dublin: Thomson Round Hall, 2004.

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William, Kennedy David, and University of Toronto. Faculty of Law., eds. Globalization, law and equality. [Toronto: Faculty of Law, University of Toronto, 2006.

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Commission, Australia Law Reform. Equality before the law: Women's equality : an overview. [Sydney, N.S.W: The Commission, 1994.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIF). [Toronto]: University of Toronto, Faculty of Law, 2007.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIS). 2nd ed. [Toronto]: University of Toronto, Faculty of Law, 2007.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIS). 2nd ed. [Toronto]: University of Toronto, Faculty of Law, 2006.

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Harris, Angela P. Race and equality law. Farnham, Surrey, England: Ashgate, 2013.

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Rittich, Kerry. Globalization, law and equality. [Toronto]: Faculty of Law, University of Toronto, 2006.

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Book chapters on the topic "Equality before the law"

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Douglas, Heather, and Mark Finnane. "Equality before the Law." In Indigenous Crime and Settler Law, 121–47. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1057/9781137284983_6.

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Sadurski, Wojciech. "Substantive Justice and Equality before the Law." In Giving Desert Its Due, 77–97. Dordrecht: Springer Netherlands, 1985. http://dx.doi.org/10.1007/978-94-015-7706-9_4.

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Merle, Jean-Christophe. "Cultural Defense, Hate Crimes and Equality Before the Law." In Spheres of Global Justice, 227–38. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-5998-5_18.

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Guney, Gizem. "One Step Forward, Two Steps Back: An Analysis of Turkey’s Implementation of the Istanbul Convention in Addressing Gender-Based Domestic Violence." In Towards Gender Equality in Law, 133–52. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_7.

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AbstractTurkey has had a unique and troublesome relationship with the Istanbul Convention. It was both the first country to ratify the Convention and the first country to withdraw from it after implementing the Convention for six years. This chapter focuses on the legal steps taken by Turkey between its ratification and its withdrawal from the Convention. In this analysis, I argue that, even before its withdrawal, Turkey had been sweeping between two ends: its progressive legal steps to address violence against women on one hand, and its legal and political attitude threatening gender equality in general, on the other. This chapter, therefore, argues that Turkey was already failing to effectively implement the Convention, and its withdrawal from the Convention should only be considered a reflection of Turkish government’s insincerity in its political commitment to address gender-based violence from the outset.
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Nouwen, Sarah M. H. "Legal Equality on Trial: Sovereigns and Individuals Before the International Criminal Court." In Netherlands Yearbook of International Law 2012, 151–81. The Hague, The Netherlands: T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-915-3_7.

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Bäcker, Roman, and Joanna Rak. "Enforcement of Equality Before the Law in Poland During the Coronavirus Pandemic." In Lessons for Implementing Human Rights from COVID-19, 36–49. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003482710-3.

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Todd, Margo. "Chapter Two: Practicing the Books of Discipline: The Problem of Equality before the Law in Scottish Parish Consistories." In Calvin and the Book, 33–56. Göttingen: Vandenhoeck & Ruprecht, 2015. http://dx.doi.org/10.13109/9783666550881.33.

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"EQUALITY BEFORE THE LAW." In Living Originalism, 220–55. Harvard University Press, 2014. http://dx.doi.org/10.2307/j.ctt24hh8x.13.

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"Equality Before the Law." In Article by Article, 58–62. University of Pennsylvania Press, Inc., 2021. http://dx.doi.org/10.2307/j.ctv1f45qf8.14.

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Harel, Yaron. "Equality before the Law." In Syrian Jewry in Transition, 1840-1880, 97–111. Liverpool University Press, 2010. http://dx.doi.org/10.3828/liverpool/9781904113652.003.0007.

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This chapter considers the impact of the reforms that sought to establish equality before the law for Muslim and non-Muslim subjects in Syrian society. It looks at the Islamic social world-view and principle of inequality before the law which shaped its treatment of religious minorities. It also mentions the Islamic doctrine that mandated that no dhimmi could exercise authority over a Muslim, which resulted in the resistance to the incorporation of infidels or ra'aya in the administrative machinery of the Muslim state. The chapter analyses how Ottoman reforms represented fundamental and sweeping political changes for the empire's non-Muslim subjects. It recounts the establishment of official equality for all subjects in the in Muslim state without regard to religion.
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Conference papers on the topic "Equality before the law"

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Afifah, Wiwik, Muchammad Yulianto, and I. M. Leomarch. "Detention of Terrorism Suspects in the Perspective of Equality Before the Law." In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.039.

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Cahyani, Tinuk Dwi, and Yohana Puspitasari Wardoyo. "The Implementation of Principle Equality before the Law in Addressing Corruption in Indonesia." In International Conference on Community Development (ICCD 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201017.160.

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BEN KHADRA, Zahira. "The Role of Women in Proving Their Nationality to Their Children In Algerian Law." In I.International Congress ofWoman's Studies. Rimar Academy, 2023. http://dx.doi.org/10.47832/lady.con1-8.

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Given the progress seen in both Arab and foreign societies regarding the effectiveness of women and their contribution in all areas of economic, political and social life, it has become necessary to recognize their full rights and equality with men. The Algerian constitution recognizes the principle of equality between all citizens before the law. Stating that all citizens are equal in their rights and obligations; and are equal before the law. One aspect of this equality is the equality of women with men in transmitting the original nationality to their children, which is the topic of our discussion.
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Tishchenko, Alena, Vera Zadorozhnaya, and Zamfira Tanaeva. "Leading Principles of Equity and Equality Before the Law in the Process of Electronic Justice." In 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200526.064.

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Azeez, Sardar. ""Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model"." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp85-103.

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Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafting of punitive texts in a manner that achieves equality is an implementation of the international obligations resulting from ratification or accession to these international conventions and treaties. In addition, laws that are legislated in contravention of the principle of equality are considered unconstitutional laws because they are in violation of the Constitution, and the provisions of ordinary law may not contradict the principles of the Constitution.
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Perangin angin, C., and B. Nasution. "Equality Before the Law for Male and Female Worker at PT Perkebunan Nusantara III (PTPN III)." In Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG. EAI, 2019. http://dx.doi.org/10.4108/eai.26-1-2019.2283261.

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Клеймёнов, М. П. "JUSTICE IN CRIMINAL LAW." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.249k.

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The article, based on comparative historical analysis, shows that the rejection of the socialist civilizational project and the restoration of capitalism destroys traditional values and turns crimi- nal law into an instrument for expressing the interests of the criminal bourgeoisie. In the new geopolitical conditions, it is necessary to aban- don the class approach in criminal policy and ensure unconditional equality of all before the law. This means the need to strengthen the position of the state in the economy, the adoption of the Federal Law on Nationalization and the Program for the Nationalization of Eco- nomic Objects that ensure the national security of Russia.
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Wulandari, Endah, and Hedwig Mau. "The Legality of The Provision of Remission To Military Prisoners In Accordance With The Equality Before The Law Principle." In Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312454.

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Hamah Saeed, Tahseen. "Assumptions and legal and political intellectual principles of positive discrimination of women and their application to the laws in force in the Kurdistan region." In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp149-170.

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"This research enters into the field of philosophy of law. He investigated it about the positive differentiation of women in legal thought. After defining the assumptions of the concept, such as the necessity to distinguish between formal equality, and real equality, because positive differentiation is a privilege given to the disadvantaged as if it appears to create inequality, and it is formed until it compensates them with the forbidden, which was practiced before and is now practiced. And that positive differentiation is not only concerned with women but also with all other disadvantaged groups, such as minorities, children and the elderly, even if the female component is more visible. So it entered into the global legislative policy, whether in international law or in national law, so would hold international agreements, hold conferences and establish international organizations for that. Positive differentiation is considered a subsidiary legal principle and complementary to the principle of equality and fairness, and for this existence is related to the existence of that principle, and it is known that the principle are not often written in legislation, but the legislator must take them into account when setting legal rules. Positive the positive differentiation as a legal principle that is observed in global legislation, and the legislator in the Kurdistan region of Iraq tried to observe the principle at a time when the federal legislator did not pay much attention to the principle, and this legislative policy in the region is more in line with the global legislative policy, and this is why the Kurdistan legislator tried to repeal or amend federal law Or legislate new laws in implementation of the principle that fall within its powers, so the anti-family violence law is a perfect example of this, which has no parallel in Iraq so far."
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Franco Silva, Denis. "Posthumanism and equality." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg134_02.

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Reports on the topic "Equality before the law"

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Acemoglu, Daron, and Alexander Wolitzky. A Theory of Equality Before the Law. Cambridge, MA: National Bureau of Economic Research, June 2018. http://dx.doi.org/10.3386/w24681.

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Rodríguez Caballero, Carlos Vladimir, and Arnoldo López - Marmolejo. Assessing the Effect of Gender Equality before the Law on Female Labor Participation and GDP per capita in Central America Panama and the Dominican Republic. Inter-American Development Bank, March 2021. http://dx.doi.org/10.18235/0003113.

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Women's participation in the labor market in Central America is low for the international standard. Increase such participation is on the agenda of many policymakers who want to improve women's access to quality employment. In this paper, we use data from Central America, Panama, and the Dominican Republic to assess whether gender equality in the law helps increasing women's participation in the labor force and, therefore, boosts GDP per capita. The study is based on two econometric methodologies to evaluate distinct aspects of the economic mechanism.
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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, February 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a national minority (in this situation children), as a retaliation for the alleged situation of a kin-community elsewhere. Importantly, the adopted regulations are not only discriminatory towards one of the minorities; their implementation may in fact contribute to the dysfunctionality of the entire minority education system in Poland. This is also an obvious violation of the constitutional principle of equality before the law, the right of minorities to ‘maintain and develop their own language’, international standards of minority rights protection, as well as a threat to the very functioning of human rights protection mechanisms in the country.
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Dewan, Sabina, and Lucas Ronconi. U.S. Free Trade Agreements and Enforcement of Labor Law in Latin America. Inter-American Development Bank, November 2014. http://dx.doi.org/10.18235/0011663.

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This paper analyzes whether Free Trade Agreements (FTAs) signed between the United States and Latin American countries during the last decade produced higher enforcement of labor regulations. The paper computes before-after estimates of the effect of FTAs on labor inspections and exploits variation across countries using non-signers as a comparison group. The empirical strategy benefits from the fact that about half of Latin American countries have signed a trade agreement with the United States. Difference-in-differences estimates suggest that signing an FTA produced a 20 percent increase in the number of labor inspectors and a 60 percent increase in the number of inspections. The North American Free Trade Agreement (NAFTA), however, does not appear to have the same positive impacts on Mexico. The paper concludes with a discussion of these results.
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Eastman, Brittany. Facial Recognition Software and Privacy Law in Transportation Technology. 400 Commonwealth Drive, Warrendale, PA, United States: SAE International, May 2024. http://dx.doi.org/10.4271/epr2024011.

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<div class="section abstract"><div class="htmlview paragraph">Data privacy questions are particularly timely in the automotive industry as—now more than ever before—vehicles are collecting and sharing data at great speeds and quantities. Though connectivity and vehicle-to-vehicle technologies are perhaps the most obvious, smart city infrastructure, maintenance, and infotainment systems are also relevant in the data privacy law discourse.</div><div class="htmlview paragraph"><b>Facial Recognition Software and Privacy Law in Transportation Technology</b> considers the current legal landscape of privacy law and the unanswered questions that have surfaced in recent years. A survey of the limited recent federal case law and statutory law, as well as examples of comprehensive state data privacy laws, is included. Perhaps most importantly, this report simplifies the balancing act that manufacturers and consumers are performing by complying with data privacy laws, sharing enough data to maximize safety and convenience, and protecting personal information.</div><div class="htmlview paragraph"><a href="https://www.sae.org/publications/edge-research-reports" target="_blank">Click here to access the full SAE EDGE</a><sup>TM</sup><a href="https://www.sae.org/publications/edge-research-reports" target="_blank"> Research Report portfolio.</a></div></div>
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Afsaruddin, Asma. NEGOTIATING VIRTUE AND REALPOLITIK IN ISLAMIC GOOD GOVERNANCE. IIIT, October 2020. http://dx.doi.org/10.47816/01.002.20.

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These words of John Lewis represent a scathing criticism of the contemporary failures of the United States, the oldest and possibly most vibrant democratic nation-state in the world. The words also express a deep disappointment that the principles of equality and justice enshrined in the US constitution have been honored more in the breach when they pertain to African-Americans, many of whose ancestors arrived on these shores long before those of their Euro-American compatriots.
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Pfund, Alicia. Jurisprudence of Equality Project (JEP): Consolidated Report Based on the Evaluations in Argentina, Brazil, Chile, Uruguay. Inter-American Development Bank, August 2000. http://dx.doi.org/10.18235/0008927.

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The Jurisprudence of Equality project (JEP) trains judges and other judicial actors on the applicability of international women's rights law in domestic courts, thus enhancing their ability to treat cases of violence against women and ensuring greater protection for women's rights in the region. The purpose of this report is to distill the findings and conclusions from the JEP evaluation in Argentina, Brazil, Chile and Uruguay. This evaluation was meant to find out to which extent the project is being implemented as planned, identifying any difficulties during implementation, and ways to overcome them. It has also assessed the effect that project activities are having in achieving the project goal. Apart from document review and interviews in Washington and in the four countries visited in March-April 2000 with relevant stakeholders, the evaluation relies on two main instruments for each country: (a) a survey, applied to trainers and seminar participants. The questionnaires were designed with the close cooperation of the Washington IWJF director and the education director, as well as in consultation with other stakeholders in the field, and the IDB in Washington and Country Offices; (b) a series of focus groups carried out separately with trainers and seminar participants.
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Oloo, Ruth, and Amber Parkes. Addressing Unpaid Care and Domestic Work for a Gender-equal and Inclusive Kenya: WE-Care policy briefing. Oxfam, April 2021. http://dx.doi.org/10.21201/2021.7314.

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Care work is the heartbeat of every society: it contributes to our wellbeing as a nation and is crucial for our social and economic development. Yet the disproportionate responsibility for unpaid care work results in time poverty and significant opportunity costs, particularly among the poorest and most marginalized women and girls. This policy brief outlines why unpaid care work is a critical development, economic and gender equality issue for Kenya. It draws on two sets of evidence from Oxfam’s Women’s Economic Empowerment and Care (WE-Care) programme, which explore the impact of women and girls’ heavy and unequal unpaid care responsibilities both before and during COVID-19.
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Khanna, Renu, Aditi Iyer, Zaida Orth, and Michelle de Jong. What Works? Integrating gender into Government Health programmes in Africa, South Asia, and Southeast Asia. Case study summary report: Right to Abortion in Nepal. United Nations University - International Institute for Global Health, 2023. http://dx.doi.org/10.37941/rr/2023/5.

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This case study focuses on the legislative reforms for safe abortion in Nepal. It was selected as a promising case as it offers valuable insights into the factors and forces that drove a country to affirm gender equality and reproductive rights, especially the right to safe abortion, during a radical political transition. Based on analyses of in-depth interviews and a review of published materials, the case study identifies the actors and contextual factors that enabled legalisation of abortion in Nepal, the mechanisms supporting and sustaining change, as well as continuing challenges to implementation of the law.
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Krishnaswamy, Sudhir, Jayna Kothari, Deekshitha Ganesan, Brototi Dutta, Ashwini Tallur, and Ashmi Krishnan. Re-Imagining Bail Decision Making: An analysis of Bail Practice in Karnataka & Recommendations for Reform. Centre for Law and Policy Research, March 2020. http://dx.doi.org/10.54999/myjk4556.

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The Centre for Law and Policy Research’s empirical study titled ‘Re-imagining Bail Decision Making’ looks at bail decision making in trial courts in three districts in Karnataka – Bengaluru, Dharwad and Tumakuru. It documents the outcomes on the first production of an accused before the court and evaluates the influence of different factors on a decision on whether bail is granted or not.
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