The principle of equality in the legislations of other states Cover Image

Principiul egalității în legislațiile altor state
The principle of equality in the legislations of other states

Author(s): Luminița Petrescu
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: principle of equality; Constitution; French Declaration of the Rights of Man and Citizen;

Summary/Abstract: The French constitutional practice and thinking have been exercising a most important influence on the development of constitutional law. The historic principles laid down in the French Declaration of the Rights of Man and Citizen have been included in the constitutional text of a number of states that won their independence. The moral, political and legal values of the great principles established by the French Revolution have gone beyond the moment of the respective time and become genuine commandments for the creation of a democratic society based on the rule of law. The American Constitution adopted on 17 September 1787, later added 27 Amendments, stays to the day the fundamental document for the United States, which has consecrated the fundamental principles of political organization that have maintained their power up to the present day. The American Constitution has kept the political philosophy of the Independence Declaration of 4 July 1776, which provides that all people are born equal, endowed by the Creator with certain inalienable rights, including life, freedom and the quest for happiness. The principle of equality and non-discrimination is mentioned in the Constitution of Japan as well, a country which, in order to recover after the Second World War, gave up its terrestrial, naval and air forces, as well as all other war potential, while stating that “The right of belligerency of the state will not be recognized”. The respective provision has lately been reason for a great deal of criticism, some political forces advocating its removal, as it creates a status of inequality for Japan at international level as compared to other countries, which have the sovereign right to use force in order to defend themselves. The development in time of the constitutional principle of equality depends on the very evolution of the social reality to which it is applicable, while its effectiveness will only be fully achieved to the extent equality will become the criterion for perfection.

  • Issue Year: 2005
  • Issue No: 4
  • Page Range: 21-26
  • Page Count: 6
  • Language: Romanian