Equality Before Law vs. Equal Protection of Law: Understanding the Differences and Origins.

In British English, the phrase "Equality Before Law" and "Equal Protection of Law" are often used interchangeably, but they are not the same thing. These two concepts have distinct meanings and origins, and understanding their differences is essential to comprehend the legal system's foundations.

Equality Before Law

The principle of "Equality Before Law" means that all individuals are subject to the same laws and that no one is above the law. This principle ensures that every person, regardless of their social status, wealth, race, or religion, is entitled to equal treatment under the law. It is one of the cornerstones of modern legal systems and is enshrined in the Universal Declaration of Human Rights.

The concept of "Equality Before Law" has its roots in ancient Greece, where the law was seen as an objective entity that should be applied equally to all citizens. In medieval Europe, the idea of "Equality Before Law" was further developed by legal scholars and philosophers who believed that the law should be based on reason and not on the whims of those in power.

Equal Protection of Law




The principle of "Equal Protection of Law" means that all individuals are entitled to the same legal protections and remedies. This principle ensures that no one is discriminated against under the law, and that everyone is afforded equal opportunities to pursue their interests and protect their rights.

The concept of "Equal Protection of Law" has its origins in American constitutional law, specifically in the Fourteenth Amendment to the United States Constitution. The Fourteenth Amendment, adopted in 1868 after the Civil War, prohibits states from denying any person equal protection of the laws. This amendment was designed to ensure that all citizens, regardless of race, were entitled to the same legal protections and rights.

Differences Between the Two Concepts

While both concepts are related to the idea of equality under the law, "Equality Before Law" and "Equal Protection of Law" have some key differences. "Equality Before Law" focuses on ensuring that the law is applied equally to all individuals, while "Equal Protection of Law" focuses on ensuring that all individuals are entitled to the same legal protections and remedies. "Equality Before Law" is more concerned with the application of the law, while "Equal Protection of Law" is more concerned with the substance of the law.

Furthermore, "Equality Before Law" is a general principle that applies to all areas of the law, while "Equal Protection of Law" is a specific constitutional provision that applies only to government action. In other words, while "Equality Before Law" applies to all individuals, "Equal Protection of Law" only applies to the government's actions.

Conclusion

In conclusion, "Equality Before Law" and "Equal Protection of Law" are two related but distinct legal concepts that have their origins in different legal systems and contexts. Understanding the differences between the two concepts is crucial to appreciate the foundations of the modern legal system and ensure that every individual is entitled to equal treatment under the law. As society evolves, it is essential to remember the importance of these concepts and strive towards a more just and equitable legal system for all.