What is equal protection under the law?Asked by: Jovany Gerlach DDS | Last update: September 15, 2022
Score: 4.2/5 (6 votes)
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What is equal protection of law in the Philippines?
ARTICLE III. Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
What is equal protection of law example?
Example: If a normal person or a government official kills someone will be prosecuted in the same manner on both and the provision of punishment will also be the same, which means the same law will apply to both of them in the same manner.
Where is the equal protection of the law?
The Fourteenth Amendment to the U.S. Constitution, one of three amendments adopted in the immediate aftermath of the American Civil War (1861–65), prohibits states from denying to any person “the equal protection of the laws.”
What is protected under the equal protection clause?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Equal Protection: Crash Course Government and Politics #29
What does the 14th Amendment mean in simple terms?
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and ...
What two elements are required to establish a claim under the equal protection clause?
To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of ...
What does equal protection under the law mean quizlet?
Equal Protection Clause. enforces the idea that the laws of a state, or of the nation, must treat any given individual in the same way as it would treat other individuals who are in similar conditions and circumstance.
What is equal protection of law under Article 14?
The phrases 'equality before law' and 'equal protection of law' can be found in Article 14 of the Indian Constitution, which ensures every citizen that they shall not be discriminated against in any application or enforcement of law on any unreasonable ground.
Why is equal protection of the law important?
Equal protection ranks among America's most important constitutional rights. It protects Americans from being treated unequally by the government absent justification for such treatment. In many areas—such as race or national origin—the Constitution creates an extremely high bar for such justification.
What is the concept of equal protection clause in the Constitution Philippines?
The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is not intended to prohibit legislation which is limited either in the object to which it is directed or by territory within which it is to operate.
What is the difference between equality before law and equal protection of law?
It means that law does not discriminate on the basis of birth, position, gender or other personal attributes. Thus, privileged, underprivileged and unprivileged are equal before law. Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations.
What is equal protection of law in India example?
Article 14 of Indian constitution law says that all are equal in the eye of law. No one can prevent the state from making any special provisions for women and children. For a examples, special seating arrangement for women in buses, trains, metros trains is not unconstitutional.
What is equality before law 11?
Answer: Equality refers to avail equal opportunities to one and all without any discrimination on any ground and everybody is equal before law.
What is equal protection of law Upsc?
It means that the law should be applied to everyone equally and equitably. As a result, it is a positive concept implying the right to equal treatment under the same conditions. UPSC Mains Practice Question: What is meant by 'equal protection of law' [UPSC 1993]
Where is the equal protection clause What does this imply quizlet?
Where is the "equal protection clause"? What does this imply? The fourteenth amendment. It implies that no state shall deny any person within its jurisdiction the equal protection of the laws.
What is equal protection review?
When suspect classifications or fundamental rights are at stake, Equal Protection analysis requires the use of the strict scrutiny standard. As its name implies, this level of review is far more stringent than either rational basis review or intermediate scrutiny.
What does the Fourteenth Amendment's guarantee of equal protection of the laws mean quizlet?
It forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws."
Who is protected by the Equal Protection Clause in the 14th Amendment?
Section 1 Rights Guaranteed
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What does the 15th Amendment do?
Passed by Congress February 26, 1869, and ratified February 3, 1870, the 15th Amendment granted African American men the right to vote.
What is the 15th Amendment in simple terms?
The 15th Amendment guaranteed African-American men the right to vote. Almost immediately after ratification, African Americans began to take part in running for office and voting.
What is right of equality?
Right to Equality. The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law.
How do due process and equal protection protect people's rights?
The equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner. The Fifth Amendment due process clause prohibits the federal government from discrimination if the discrimination is so unjustifiable that it violates due process of law.
Is Equal Protection Clause an absolute right?
The fundamental right of equal protection of the laws is not absolute, but is subject to reasonable classification. If the groupings are characterized by substantial distinctions that make real differences, one class may be treated and regulated differently from another.
Which of the following statements is true of the Equal Protection Clause?
Which of the following statements is true of the equal protection clause? According to the equal protection clause, states must not discriminate unreasonably against a particular group or a class of individuals.