equal protection Quick reference
David Mervin
A Concise Oxford Dictionary of Politics and International Relations (4 ed.)
... protection The Fourteenth Amendment guarantees to Americans ‘the equal protection of the laws’. State and federal law‐makers are prohibited from arbitrarily discriminating against particular groups such as blacks, women, and the disabled. This is not to say that discrimination is never constitutionally permissible. Legislation that taxes people according to their ability to pay is regarded as reasonable. But state laws requiring or permitting segregation in public schools according to race were, in 1954 , deemed to contravene the constitutional principle...
equal protection Quick reference
A Dictionary of Public Health (2 ed.)
...equal protection A fundamental principle of common law and a constitutional right in the United States and many other nations is that all citizens, regardless of other distinguishing characteristics, have a right to the same level of protection from harms and from unlawful actions by others. This resembles the ethical principle of equity, impartiality, or distributive justice. ...
equal protection Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
... protection A shorthand term for ‘equal protection of the laws’ guaranteed by the 14th Amendment to the U.S. Constitution. It has no direct counterpart in international human rights law, though its purpose and import appear in all universal human rights instruments through the requirement that the relevant rights and freedoms are to be exercised, in the words of art. 2(2) of the International Covenant on Civil and Political Rights of 16 December 1966 ( 999 U.N.T.S. 171 ; see Civil and Political Rights, International Covenant on ), ‘without...
Equal Protection Reference library
The Oxford Companion to American Law
...Court, we can expect further changes in equal-protection analysis. The history and application of the Equal Protection Clause implies a strong commitment to the fundamental value of racial equality. In recent years strong arguments have been advanced in support of the view that other fundamental values are also implicit in the equal-protection concept. These arguments emphasize the view that people are entitled to respect as individuals and to treatment as equals. For example, the Court has invoked the Equal Protection Clause in safeguarding the right to vote;...
Equal Protection Reference library
Mark V. Tushnet
The Oxford Companion to the Supreme Court of the United States (2 ed.)
... Protection The Equal Protection Clause of the Fourteenth Amendment , adopted in 1868 , expressed the commitment of victorious Republican forces after the Civil War to include in the Constitution some protection for the equal rights of newly emancipated slaves. Discussions of equality in 1868 did not sharply distinguish among the protections afforded by the due process Clause, the Privileges and Immunities Clause, and the Equal Protection Clause. The focus of the concern for equality was on the rights of African‐Americans, but the framers of the...
Equal Protection Reference library
The Oxford International Encyclopedia of Legal History
...leadership positions both public and private. Even so, most of the Rehnquist Court's equal protection decisions, including those invalidating affirmative action programs in employment, have evidenced the strong influence of the model of formal racial neutrality. Beyond Race. In its opinions in equal protection cases, the Supreme Court prominently deploys a rhetoric emphasizing a set of categories of judicial review. Since the 1940s, the Court in confronting equal protection challenges has upheld most laws—including virtually all laws regulating economic...
equal protection clause Reference library
The New Oxford Companion to Law
... protection clause ‘Equal protection clauses’ are provisions in written constitutions or human rights treaties that require a state to treat all persons within its jurisdiction as having equality of status and respect. Courts have often interpreted equal protection clauses as prohibiting many forms of discrimination. However, the interpretation and application of equal protection clauses is often a source of controversy and dispute. Perhaps the most famous equal protection clause is the Fourteenth Amendment to the US Constitution. Introduced in the...
equal protection of the laws Reference library
The Oxford Guide to the United States Government
... protection of the laws The equal protection clause of the 14th Amendment states, “No state shall…deny to any person within its jurisdiction the equal protection of the laws.” The 14th Amendment, ratified in 1868 , became part of the U.S. Constitution in the wake of the Civil War, with the direct purpose of protecting the legal rights of African Americans recently emancipated from slavery. The equal protection clause, however, has been applied by the courts to protect the rights of all individuals under the authority of the Constitution. Until the 1940s,...
equal Protection
Patriotism, Nationalism, and Group Spirit in Islam Reference library
Rashīd Ridā
Islam in Transition: Muslim Perspectives (2 ed.)
...be rejected, because it is bound to betoken prejudice. But group spirit in the defense of the Islamic community against invasion is commendable. Rida defends patriotism on grounds that it involves by and large the same principle that applies in Islamic law regarding defense and protection of the non-Muslim who enters the territory of the Muslims. If this is a categorical duty for Muslims in regard to non-Muslims, then it also applies in the case of a territorial state that consists of Muslims and non-Muslims. Patriotism implies that Muslims band together with...
Chronology of a Struggle for Equal Rights Reference library
Islam in Transition: Muslim Perspectives (2 ed.)
... Chronology of a Struggle for Equal Rights Formed in 1988 in Malaysia and registered as a Non-Governmental Organisation (NGO) in 1993, Sisters in Islam (SIS) is a group of Muslim professional women committed to promoting the rights of women within the framework of Islam. The SIS mission statement notes: “The participation of Muslim women as full and equal partners in the ummah's socio-economic development and progress is the need of the day. . . . It is imperative that the female experience, thought and voice are included in the interpretation of the Quran...
The Medina Document Reference library
Ali Bulaç
Liberal Islam: A Sourcebook
... 15. God's possession (protection and assurance) is one; (a protection acknowledged by the least important of the Muslims) applies to them all. This is because a Muslim is the mawla (brother) of another, apart from rest of the people. 16. Among Jews, those who submit to us shall receive our assistance and protection; they shall not be oppressed, nor shall we give assistance to their enemies. ...
Minorities in a Democracy Reference library
Humayun Kabir
Liberal Islam: A Sourcebook
...all faiths. It will perhaps amuse some of you to hear of the way in which the principle of toleration operated in South India. In the Vijaya Empire, the kings were mostly Hindus and the queens were generally Buddhists. The kings extended protection and patronage to the Brahmanical priests. The queens extended equal protection and patronage to the Buddhist Sramanas and Bhikshus. As long as this balance was maintained and support given to the Brahmins and the Brahmanical faith as well as to the Buddhists and the Buddhist faith, the Vijaya Empire flourished. When...
Fatherland and Patriotism Reference library
Rifā ‘A Badawī and Rāfi’ Al-Tahtāwī
Islam in Transition: Muslim Perspectives (2 ed.)
...of this privilege, which is one of the greatest characteristics (of civilization.) This was so in those times when governors commanded according to their whims and acted as they wished. The people at that time had no channel by which they could oppose their rulers and no protection provided by the rules of the holy law. They were not able to inform their king that they considered certain things inappropriate nor could they write about his policies or administration. They could not express their opinion on any matter. Consequently, they were like...
Universalism in Islam Reference library
Chandra Muzaffar
Liberal Islam: A Sourcebook
...the PAS], in Cenderamata Pembukaan Bangunan PAS Kelantan & Kongres PAS ke 13 [ Souvenir Program in Conjunction with the Opening of the PAS's Building in Kelantan and the Thirteenth PAS Congress ]. 7. For a detailed analysis see my “Protection of the Malay Community: A study of UMNO's Position and Opposition Attitudes,” Masters Thesis, Universiti Sains Malaysia, 1974. 8. See A. Yusuf Ali [1872–1952], The Holy Qur'an: Text, Translation and Commentary (Lahore, Pakistan: Sh...
Shura and Democracy Reference library
Osman Fathi
Islam in Transition: Muslim Perspectives (2 ed.)
...in any way by the government, political parties and candidates for public office should be given equal time to address the voters. The supreme court has judicial control over the legislature and executive in order to secure Shari’a goals and principles and the constitutional provisions and framework ( 4:59 ). It and the whole judiciary as well should be independent and protected against any interference or pressure. Courts provide the strongest protection for the rights of the individuals and the different components of sociocultural and political...
The Twentieth Century Quick reference
Brian M. Short
The Oxford Companion to Local and Family History (2 ed.)
...authorities as soon as it has been created, unless exemptions are in place, including those (there are many others) for sensitive material relating to individuals (under the auspices of the Data Protection Act 1998 ). Ironically, the potentially liberating effect of the Freedom of Information Act has been counteracted by the safeguards of the Data Protection Act, such that some records which were formerly available may now be closed or redacted—i.e. with sections blanked out—to protect sensitive information for persons still living. Partly as a result of...
Shari‘a and Basic Human Rights Concerns Reference library
‘Abdullahi Ahmed An-Na‘im
Liberal Islam: A Sourcebook
...of human rights which are binding under international law and that every effort should be made to enforce them in practice. Thus the principle of respect for and protection of human rights has been described as jus cogens , that is, such a fundamental principle of international law that states may not repudiate by their agreement. 5 This would, of course, be true of respect for and protection of human rights in principle. It is easier to give examples of human rights of this stature, such as the prohibition of genocide and slavery, than to define the...
Law Reference library
An Oxford Companion to the Romantic Age
...the common law tradition, by which law was supposed to have evolved historically out of popular custom and participation in the court system via the judges' declarations of shared community values. Rather than representing the accumulated wisdom of the whole community about the protection of individual rights to liberty and property, Bentham believed that the common law was a confused and obscure rag-bag of fictions and contradictions which amounted merely to the corporate self-interest of the legal profession. Even the potential for corrective parliamentary...
Judith Reference library
Amy-Jill Levine and Amy-Jill Levine
The Oxford Bible Commentary
...books of Judith and Judges is, however, a helpful corrective to those who find her story unethical or unladylike. Judith is, in terms of narrative genre and character development, in the model of the judges: she is resourceful and brave like Jael; she is a mother figure in her protection of the community, like Deborah; she is sly (and even conveys a possible hint of sexual scandal) like Ehud. As with the judges, the land remains at peace until her death. 8. The book of Judith evokes more than the stories of the judges, and herein lies a major part of its...
