مبدأ المساواة أمام القانون في التشريع الأردني: دراسة مقارنة

مجلة مؤتة للبحوث والدراسات، العدد 7، مجلد 18، 2003

Abstract

 The "equality before the Law" Principle is deemed to be one of the recent constitutional principles and a corner stone of the Liberty. The Jordanian constitutional Legislator has advanced this principle in the second chapter of the constitution, which deals with the rights and duties of the Jordanians. It states that the Jordanians are equal before the law, no discrimination among them in the rights and duties regardless of their race, language, or religion.

Due to the plurity of concepts and types attributed to the "equality", we have traced the principle of equality before the law in liberal, Marxist and Sharia, thinkings. This principle protects the person from the acts of the public authorities, and achieves democracy. So, to make things clear, we traced some of the principles applied in the Jordanian leqislation, namely, we studied the equality before the public Job, which achieves the administrative democracy, the equality before the public taxation, which achieves the social democracy, the equality before the Judiciary, which is the heart of the state of law and the constitutional legality, and by the latter, a line can be drawn between the legislator discretionary power and the arbitrary power that can result from an equality or discremination based on unjustifiable and unsubjctive grounds. Thus, the equality between non-equals is not equality and the inequality between the non equals is equality.