Furthermore, it is Hayek who gives an epistemological framework, which can be used as a framework to explain the role of the old idea of Equality before the Law for economic development. The Constitution of India makes social and civil equality the bedrock of Indian polity.
Racial or any type of discrimination should not be observed. While the law will not make any distinction between the people, equal protection means that on grounds of reasonable circumstances, certain discriminations can be made.
However, the guarantee probably does not extend to State activities which have no legal basis; and the Review Group is of the opinion that it is desirable that there be included in Article The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England.
Or, in other words, the closer an economic order comes to the ideal of the Catallaxia, the order of Equality before the Law, the wealthier the participants of that order can be. Argument against 1 specific measures are more appropriately provided for in legislation.
Important for our actual consideration is the typical type of rules, which are used to form this kind of order. Rule of Law has many different facets and because of its indiscriminate promiscuous use, has meant different things to different people at different times.
It does not mean that every law must have universal application for, all persons are not, by nature, Attainment or circumstances in the same position.
As a consequence, the ability of this kind of order to help the single economic actors to cope with their cognitive limits is regularly low.
This has been interpreted to mean subjection to equal law, applying to all in the same circumstances. Rule of Law and Equality before the Law In our considerations of the role of knowledge we have seen that Equality before the Law, the basic principle of the spontaneous market order, is supposed to have certain relevance for economic performance.
To them, Law changes with time. He also applies his findings to his social theory, as we can see in the beginning of his main work Law, Legislation and Liberty when he argues: It is a myth that can be easily seen that law is equal, for, in fact law here is very very partial in its dealings with the masses and the elite.
As a consequence it could be stated that Equality before the Law is not only important with respect to the fulfillment of human rights in an ethical sense. The Review Group considers, however, that equality is a fundamental human right inherent in individuals and is not so in legal bodies which vary greatly in their nature and purpose.
More extreme critics claim that "[t]he liberal paradigm has destroyed the rule of law. To see the relation between these basic liberal principles and the economic performance we have depicted in the following chart on the X-axis the estimation variable for the realization of the principle of the Rule of Law in the single transformation countries.
The Review Group is further of the opinion that both direct and indirect discrimination should be expressly prohibited. In order to make it clear that legislative distinctions may legitimately be made on other grounds and to counteract any judicial tendency to reinforce inequality on the grounds of respecting differences of capacity or social function, it may be desirable to delete, extend or replace this sentence.
The principle of Rule of Law can safeguard Equality before the Law only under the condition that it is understood as the principle that general and abstract law should be the only way of exercising power: If sensory perception must be regarded as an act of classification, then what we perceive can never be unique properties of individual objects but must always be only properties which these objects have in common with other objects.
Rule of law means that the law is sovereign and no person, no matter how great he is or thinks he is, can declare himself above the law because that would be tantamount to arbitrary rule. But as Hayek has stated, the fulfillment of material equality stands in a certain conflict with the fulfillment of Equality before the Law Hayek While a prohibition on discrimination or guarantee of equality before the law is capable of being interpreted to catch both direct and indirect discrimination, it seems that the courts do not always regard the latter as falling within the scope of Article Furthermore, if the difference is relevant but only partially so, in so far as it is not relevant, it should be ignored.
The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it.
Social inequality still prevails over there. Law, Legislation and Liberty, Vol. Arguments against including in the Constitution a personal right to freedom from poverty or specific economic rights 1 it is not contested that differentials in the distribution of income and wealth may be wider than society should accept or that policy should not properly be directed towards eliminating poverty, homelessness, exclusion or marginalisation, and other social ills.Equality before the law essay writing.
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An essay or paper on The Equality Before the Law. The founding of entire nation was forged on the principle that all men are created equal under the law.
This is the essence of our Declaration of Independance and the philosophy behind the Constition. Equality before the law essays. by Nov 24, Equality before the law essays.
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The importance of Equality before the Law in Hayek’s thinking becomes obvious in his political main work The Constitution of Liberty when he states: “The great aim of the struggle for liberty has been Equality before the Law. (Hayek )” According to him, the equality of the citizens before general rules of law and conduct which are seen as just is the only kind of equality which can be secured without.
Essay on the All are Equals in the Eyes of Law. Article shared by.
As long as this does not happen, equality before law, at least in India will remain a grim affair. It is a myth that can be easily seen that law is equal, for, in fact law here is very very partial in its dealings with the masses and the elite.
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