The principle of equality as a challenge to the democratic rule of law the constitutional idea of equality

Abstract

In legal science, the constitutional idea of equality is considered from two perspectives: formal and material. Proper realisation and protection of this constitutional value, therefore, involves not only the requirement to apply the law in accordance with the principle of equality before the law but also to enact the law so as to achieve a state of equality in the law. Detailed definitions have been developed of both components of the idea of equality. In substantive terms, the principle of equality and the prohibition of discrimination have been closely linked to the idea of social justice, which was to have a corrective effect on the understanding of the principle of substantive equality, by setting the appropriate criterion for its differentiation. The article shows that although the constitutional value in question has an established meaning in legal science, it is still a challenge for the rule of law. The study points to example areas of legal regulation that still require full harmonisation with the principle of equality.

Keywords

• idea of equality, formal equality, substantive equality, prohibition of discrimination, rule of law, principles of social justice