(1) Introduction :
Principle, which works behind philosophy of Equality before law or legal equality, is that all are equal in the eye of law. In other words, it means that law and judges must treat everybody reason is that all human beings have been created equal and, by the same laws without any discrimination, here, the basic therefore, deserve equality before law.
(2) All are equal in the eye of law In Great Britain:
It is recognized principle in Great Britain that both government and citizens are not above law. Due to this, it is emphasized that all should be treated equally by law without any discrimination. Explanation of following points will help to understand this principle as far as Great Britain is concerned:
- a. British Constitution
- b. Determination of rights of individuals
- c. No punishment unless breach of law
- d. Subject to law
(a) British Constitution:
Rule of law is a significant aspect of British Constitution and is an important part of British politics. British Constitution recognizes that both government and people should be equal to law. And it is rule of law, which guarantees such legal equality.
(b) Determination Of Rights Of Individuals:
It is an admitted principle in Great Britain that rights of individuals should be determined by legal rules and not by arbitrary powers. Earlier, it were arbitrary powers of British Monarch, which determined rights of individual, but now such rights are determined by laws. For people now possesses rights like right to speech, right to gather and so on.
(c) No Punishment Unless Breach Of Law:
It is a settled principle in Great Britain that there can be no punishment unless a court decides that there has been a breach of law. To achieve this goal, Parliament has been granted power to make law and judiciary has been made independent to dispense justice.
(d) Subject To Law:
It is another recognized principle in Great Britain that everyone, regardless of his/her status in society, is subject to the law. In other words, both government and citizens are not above law. In this way, government and people have been made subject could be given undue favour or no one could be illegally damaged. to law and misuse of powers has been checked so that no one کانوں کے مالی
Most of political critics opine that all are equal in the eye of law in Great Britain. However, the reality is that there also exist some exceptions to this opinion. Followings are some of these exceptions:
- a. Immunity for British King/Queen from arrest
- b. Immunity for members of royal household
- c. No arrest in presence of King/Queen
- d. No arrest within borders of a royal palace
- e. No judicial process in a royal palace
- f. British Crown’s political & personal wrong
- g. Illegal acts of British Crown’s servants
- h. Justice of Peace’s illegal act
- i. Judge’s act during judicial proceedings
- j. Illegal acts of subordinates
(a) Immunity For British King/Queen From Arrest:
British King/Queen is exempted from arrest in all cases.
(b) Immunity For Members Of Royal Household:
Members of royal household are also exempted from arrest in civil proceedings.
(c) No Arrest In Presence Of King/Queen:
No arrest can be made in King/Queen’s presence.
d) No Arrest Within Borders Of A Royal Palace:
No arrest can be made within borders of a royal palace.
(e) No Judicial Process In A Royal Palace:
When a royal palace is used as a residence, judicial process cannot be executed within that palace.
(f) British Crown’s Political & Personal Wrong:
In Great Britain, British Crown is not responsible for his/her political and personal wrong.
(g) Illegal Acts Of British Crown’s Servants:
Similarly British Crown is not responsible for any illegal acts of servants.
(h) Justice Of Peace’s illegal Act:
No action can be taken under British law against illegal act of Justice of Peace especially when such act is done during performance of his/her functions.
(i) Judge’s Act During Judicial Proceedings:
Similarly no action can be taken against judge’s act, which he/she has done during judicial proceedings.
(j) Illegal Acts Of Subordinates:
Under British law, higher officers cannot be held liable for illegal acts of their subordinates.
To conclude, it can be stated that some political critics believe that law is based on legal equality in Great Britain, but others criticizes British law due to above-mentioned exceptions.