Abstract
In order to address the meaning of equality in law and to make its concrete implications explicit, I want to make some divisions that allow us to clarify its initial meaning, its subsequent implications and some perspectives for the future. Classifications or divisions are useful, especially for didactic purposes. However, history has a lot to do with drawing such distinctions. The law is not an immobile discourse; on the contrary, it is a process in constant evolution and with significant changes throughout history. These changes can be gradual, almost imperceptible, or very drastic. The prevailing political philosophy has a lot to do with it because this is the basis for the content of the Constitutions. The preambles of the Constitutions used to be the form used by the constituents to establish from the beginning, what their legitimisation foundations were, what values would be pursued, on whom their protection would fall, and finally what social objectives they intended to achieve.
In this way, the preambles of the constitutions would be the transmission belt between political philosophy and the constitutional text. Equality is then a principle that evolves and whose content can be expanded and even reduced in response to a specific political philosophy and in particular a specific legal system. However, we must not forget that the commitments assumed in the international sphere are a reference that protects against sudden or arbitrary decisions.
This work then addresses the meaning and implications of equality following this structure, first part: Equality before the law, Equality in the application of the law, and Equality in the content of the law. In a second part, the principle of substantial equality is addressed through the non-discrimination mandate and the substantial equality clauses.
In this way, the preambles of the constitutions would be the transmission belt between political philosophy and the constitutional text. Equality is then a principle that evolves and whose content can be expanded and even reduced in response to a specific political philosophy and in particular a specific legal system. However, we must not forget that the commitments assumed in the international sphere are a reference that protects against sudden or arbitrary decisions.
This work then addresses the meaning and implications of equality following this structure, first part: Equality before the law, Equality in the application of the law, and Equality in the content of the law. In a second part, the principle of substantial equality is addressed through the non-discrimination mandate and the substantial equality clauses.
Original language | English |
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Title of host publication | Derecho constitucional.: Memoria del Congreso Internacional de Culturas y Sistemas Jurídicos Comparados |
Editors | Miguel Carbonell |
Publisher | Instituto de Investigaciones Juridicas, UNAM |
Pages | 713-734 |
Number of pages | 22 |
ISBN (Print) | 970-32-1955-1 |
Publication status | Published - 2004 |