Book contents
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- 1 An introduction to English sentencing
- 2 Sentencing and the constitution
- 3 Sentencing aims, principles and policies
- 4 Elements of proportionality
- 5 Aggravation and mitigation
- 6 Persistence, prevention and prediction
- 7 Equality before the law
- 8 Multiple offenders
- 9 Custodial sentencing
- 10 Non-custodial sentencing
- 11 Procedural issues and ancillary orders
- 12 Special sentencing powers
- 13 Conclusions
- References
- Index
7 - Equality before the law
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of statutes
- Table of cases
- 1 An introduction to English sentencing
- 2 Sentencing and the constitution
- 3 Sentencing aims, principles and policies
- 4 Elements of proportionality
- 5 Aggravation and mitigation
- 6 Persistence, prevention and prediction
- 7 Equality before the law
- 8 Multiple offenders
- 9 Custodial sentencing
- 10 Non-custodial sentencing
- 11 Procedural issues and ancillary orders
- 12 Special sentencing powers
- 13 Conclusions
- References
- Index
Summary
The principle and its challengers
The constitutions of many countries proclaim a principle of equality before the law or non-discrimination, or at least a general principle of equality. There is no British Constitution as such, but the Human Rights Act 1998 brings into UK law most articles of the European Convention on Human Rights. Article 14 declares that the enjoyment of all the rights declared in the Convention shall be secured ‘without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status’. This is not a general principle of non-discrimination, since it applies only to discrimination in respect of rights declared in the Convention, but it is nevertheless important. Protocol 12 to the Convention includes substantive and broader protection against discrimination, but it does not bind a member state unless that state ratifies it.
Apart from Article 14, English law contains no general principle of non-discrimination. This deficiency ought to be rectified: non-discrimination is a key aspect of the principle of equality before the law. Discrimination is wrong because it treats persons with certain attributes as worthy of less respect than others. Equality before the law declares that every person is entitled to equal respect from the law and its processes.
- Type
- Chapter
- Information
- Sentencing and Criminal Justice , pp. 219 - 238Publisher: Cambridge University PressPrint publication year: 2005