By. Y. UMUHUZA MUGISHA, JadeTimes News
Equality in Front of the Law: Fundamental Aspect of Justice and Democracy
"Equality before the law" is a cardinal principle that serves as a basis for justice and democracy in any society. It indicates that people, regardless of their backgrounds, stature, or identity, are served by the same laws and deserve the same protection under the law. This principle is included in international human rights treaties and in the constitutions of nations all across the globe, reflecting the universality of this principle in ensuring that society is fair and just.
Basically, equality before the law means that no man is above the law. Any man—be he rich or poor, powerful or powerless—should be subjected to the same Legal System. In this respect, this doctrine is very important in preventing abuses of power and for protecting the rights of people from arbitrary and discriminatory action by those in authority. It is a bulwark of protection against tyranny in that it subjects leaders and officials to the full force of the law and demands that all of their activities be within the law.
In other words, when people are said to be equal before the law, it follows that parties should receive decisions based on objective criteria, independent of race, sex, religion, and social status. This is what engenders public trust in the system. People tend to respect and follow the law when they have the belief that the rule of law is applied with fairness and without any discrimination. This kind of confidence sets a basis for security and confidence in the justice system.
As valuable as these statements are, however, there appears to be no way to realize fully this simple principle of equal opportunity before the law. Discrimination in legal services is the rule in most societies; that, in fact, is what the principle helps to counter. Discrimination can result from unequal access to legal protection and legal services, partiality in the decisions of the courts, or unfair enforcement of the law. This could undermine public trust in the justice system, leading to the perpetuation of social inequalities.
Since all this is very necessary for the principle of equality before the law, comprehensive reforms in the law, continuous education and training by legal professionals, and mechanisms for monitoring and remedying directions on discrimination in the justice process must be adopted. There should also be a commitment to ensuring that people receive legal resources and representation, regardless of their socio-economic backgrounds. Legal aid programs and public defenders help to balance the field and are the critical role played, especially for the marginalized community that would have been left out since most of them would not afford to get through the many complexities and complications represented in the legal system.
The principle of equality before the law should nevertheless go much beyond the court. It requires an unequal commitment to social justice in terms of establishment or deepening of efforts aimed at ending discriminations in all its forms. Application of the laws shall be made in a manner such that it promotes fairness and equity; moreover, policymakers at large also have a duty to work upon the causes of inequality, such as poverty, education disparities, and social exclusion.
In conclusion, equality before the law is not a legal principle by itself but an imperative morality on which the legitimacy of the justice system rests and further the democratic functioning of society. It naturally commands that all humans are to be treated with dignity and respect, whereas their rights must be observed in whatever circumstance. Though such a struggle for real and actual equality before the law may be never-ending, it is a goal surely worth fighting for because this is an essential condition sine qua non to justice, fairness, and the rule of law in any society.
