What is equal protection of the law

What is the meaning of equal protection of the law?

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?

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.

Who does the Equal Protection Clause protect?

The Equal Protection Clause is from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”.

What is an example of equal protection?

Basics of the Equal Protection Clause

For instance, states may require people to pass a vision as a condition of receiving a driver’s license. However, states cannot deny a person a driver’s license because of their race, gender, or other minority considerations.

What rights does the 14th Amendment Protect?

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 slaves—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish …

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What are the two types of due process?

Due process under the Fourteenth Amendment can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of “fundamental fairness,” addresses which legal procedures are required to be followed in state proceedings.

What is the difference between equality before law and equal protection of law?

Equality before law means that no one is above the law of the land. … 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. This concept is slightly positive in connotation.

What is Article 3 bill of rights all about?

ARTICLE III. BILL OF RIGHTS. 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 are the 10 constitutional rights?

Bill of Rights – The Really Brief Version1Freedom of religion, speech, press, assembly, and petition.7Right of trial by jury in civil cases.8Freedom from excessive bail, cruel and unusual punishments.9Other rights of the people.10Powers reserved to the states.

What 3 things did the 14th amendment do?

The 14th Amendment contained three major provisions: The Citizenship Clause granted citizenship to All persons born or naturalized in the United States. The Due Process Clause declared that states may not deny any person “life, liberty or property, without due process of law.”

What is the difference between due process and equal protection?

Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.

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What is the Equal Protection Clause What three tests are associated with discrimination in law?

Three tests associated with discrimination include the reasonable-basis test, strict-scrutiny test, and suspect classifications. The reasonable-basis test when applied by courts permits unequal treatment for certain laws.

What is an example of due process?

For example, a state might fire someone from a government job, send defendant to prison, revoke a prisoner’s parole, or cut someone’s social security payments or other welfare benefits. Due process does not prohibit these actions, but it does require that certain procedures be followed before any action is taken.

What are the 3 levels of scrutiny?

Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny). The Supreme Court has found the following situations to correspond to these levels of scrutiny.

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