In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions. In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolised by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.
About this quote
- What does it mean?
- Equality before the law requires democratic participation and rights, which were denied to non-whites.
- In plain terms
- Legal equality means having a say in laws, which non-whites were denied.
- What can you take from it?
- True legal equality requires democratic rights and access to justice.
Where it applies
Putting it to work
Questions to consider
- Do you have a say in the laws governing you?
- What rights are missing in your justice system?
Another view
This definition assumes formal rights guarantee substantive justice.
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