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George criticized Spencer's lack of adherence to his own conclusions in A Perplexed Philosopher [21] and stated that equal right to use land does not imply the joint-ownership of land, therefore all that is necessary to achieve the law of equal freedom was to tax land with a land value tax which would disincentivise landbanking. [22]
The words "equal justice under law" paraphrase an earlier expression coined in 1891 by the Supreme Court. [7] [8] In the case of Caldwell v.Texas, Chief Justice Melville Fuller wrote on behalf of a unanimous Court as follows, regarding the Fourteenth Amendment: "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or ...
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. [1]
This interpretation of the Fourteenth Amendment is rooted in the Supreme Court's decisions over time, which have recognized that it incorporates various rights from the Bill of Rights that are fundamental to our system of justice. [17] For example, the Court has held that the Fourteenth Amendment protects the right to freedom of speech, [18 ...
Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right ...
The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as part of the ideal of law, that the rules in the book capture and enforce moral rights.
Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there ...
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] " Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law —the choice depending ...