Equality Before The Law

Author : Andrew Ashworth
Publisher : Cambridge University Press
Page : 503 pages
File Size : 44,9 Mb
Release : 2010-02-04
Category : Law
ISBN : 9781139486743

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Sentencing and Criminal Justice by Andrew Ashworth Pdf

Andrew Ashworth expertly examines the key issues in English sentencing policy and practice including the mechanisms for producing sentencing guidelines. He considers the most high-profile stages in the criminal justice process such as the Court of Appeal's approach to the custody threshold, the framework for the sentencing of young offenders and the abiding problems of previous convictions in sentencing. Taking into account the Criminal Justice and Immigration Act 2008 and the Coroners and Justice Act 2009, the book's inter-disciplinary approach places the legislation and guidelines on sentencing in the context of criminological research, statistical trends and theories of punishment. By examining the law in relation to elements of the wider criminal justice system, including the prison and probation services, students gain a rounded perspective on the relevant principles and problems of sentencing and criminal justice.

Author : Linda Daniele
Publisher : Unknown
Page : 299 pages
File Size : 42,9 Mb
Release : 2006
Category : Equality before the law
ISBN : 0731356128

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Equality Before the Law Bench Book by Linda Daniele Pdf

Author : John Mercer Langston
Publisher : Unknown
Page : 36 pages
File Size : 49,5 Mb
Release : 1866
Category : African Americans
ISBN : PRNC:32101078161179

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A Speech on "Equality Before the Law" by John Mercer Langston Pdf

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Jeanne Marie Ford
Publisher : Cavendish Square Publishing, LLC
Page : 32 pages
File Size : 45,5 Mb
Release : 2017-12-15
Category : Juvenile Nonfiction
ISBN : 9781502632081

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Equality Under the Law by Jeanne Marie Ford Pdf

In our society, laws and rights apply to everyone equally. This book explores what that means, how the Constitution outlines that right, and ways equality can be experienced and upheld in everyday life.

Author : Peter W. Hogg
Publisher : Unknown
Page : 128 pages
File Size : 46,6 Mb
Release : 2020
Category : Constitutional law
ISBN : 0779896548

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Constitutional Law of Canada by Peter W. Hogg Pdf

Author : Judith A. Baer
Publisher : Cornell University Press
Page : 309 pages
File Size : 53,6 Mb
Release : 2018-03-15
Category : Law
ISBN : 9781501722745

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Equality Under the Constitution by Judith A. Baer Pdf

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.

Author : Michael P Foran
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 51,8 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509964963

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Equality Before the Law by Michael P Foran Pdf

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 54,7 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 44,6 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Mary C. Hurley
Publisher : Unknown
Page : 58 pages
File Size : 49,6 Mb
Release : 2003
Category : Civil rights
ISBN : OCLC:63075403

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Charter Equality Rights by Mary C. Hurley Pdf

Subsection 15(1) of the Canadian Charter of Rights & Freedoms provides that every individual is equal before & under the law and has the right to the equal protection of the law without discrimination. This publication contains a summary review of a number of principles relevant to section 15 & subsection 1 analysis, as determined by the Supreme Court of Canada. The review refers to a number of significant cases that cover such issues as the statutory citizenship requirements for entry into the legal profession, discrimination based on age, the exclusion of certain Aboriginal groups from economic benefits, and limits to the equality rights guarantee. The final section contains a chart setting out basic elements of the Court's decisions in which the equality rights provision has been raised.

Author : Richard Moon
Publisher : Essentials of Canadian Law
Page : 215 pages
File Size : 55,7 Mb
Release : 2014
Category : Law
ISBN : 1552213641

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Freedom of Conscience and Religion by Richard Moon Pdf

When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)

Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
Page : 449 pages
File Size : 51,6 Mb
Release : 1975-01-01
Category : Civil rights
ISBN : 9780773595439

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The Canadian Bill of Rights by Walter Surma Tarnopolsky Pdf

Author : Michael P Foran
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2023
Category : Equal rights amendments
ISBN : 1509964975

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Equality Before the Law by Michael P Foran Pdf

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

Author : Mary C. Hurley
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2005
Category : Electronic
ISBN : OCLC:933099842

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Charter Equality Rights by Mary C. Hurley Pdf

Subsection 15(1) of the Canadian Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This paper contains a summary review of a number of principles relevant to subsection 15(1) analysis, as determined by the Supreme Court of Canada. It includes a chart setting out the basic elements of the Court's decisions in which the equality rights provision has been raised. Elements include style of cause, nature of challenge, grounds of discrimination, and result.