The legal equality of the citizens.
The legal equality of
the
citizens.
The second important
aspect of the legal position of the citizen in the context of the modern state
and 'of: the right to equality and the rights of
freedom'.
In all constitutions that continued from the late eighteenth century to the present day is reiterated or repeated the principle: "the law is equal for all"
The principle of legal equality of citizens generates various consequences of which will mention the main ones:
a) -all citizens are, equally, subject to civil and criminal laws of the state, and are precluded caste or class privileges
In all constitutions that continued from the late eighteenth century to the present day is reiterated or repeated the principle: "the law is equal for all"
The principle of legal equality of citizens generates various consequences of which will mention the main ones:
a) -all citizens are, equally, subject to civil and criminal laws of the state, and are precluded caste or class privileges
Cont.
b) -are not eligible
for dispensation/exemption from the observance of the laws;
c) -not allowed 'jurisdictional immunity unless he belongs to certain functions (eg. immunity' criminal paid to Members);
d) - all citizens enjoy equally the private and public rights guaranteed by the Constitution and the laws of the State;
e) -have equal opportunity 'to apply to the judicial and administrative authorities in protection of his rights and interests;
c) -not allowed 'jurisdictional immunity unless he belongs to certain functions (eg. immunity' criminal paid to Members);
d) - all citizens enjoy equally the private and public rights guaranteed by the Constitution and the laws of the State;
e) -have equal opportunity 'to apply to the judicial and administrative authorities in protection of his rights and interests;
Cont.
f) -have equal
'recruitment opportunity in public offices;
g) -have the same part in the burdens and obligations to the State (eg. for military service, in the payment of taxes, etc.).
g) -have the same part in the burdens and obligations to the State (eg. for military service, in the payment of taxes, etc.).
It should be noted that
not all States the legal equality of citizens is complete.
The tendency is, however, towards the
deletion or
crossing out of these
limitations.
In this regard we can recall the art 3 of the Somali constitution which reads: citizens, regardless
of sex, race, language, religion, political opinion, personal and social
conditions have equal dignity 'and are equal before the law.
The social and
economic equality of citizens.
From the second half
'of the nineteenth century, to the influence of socialist theories, the
principle of legal equality seemed insufficient to ensure citizens a real equality of opportunity' as
part of the State
community.
it would have taken the
economic and social equality.
It was started to speak also freedom from
necessity (liberta’ dal bisogno), observing that the
citizen cannot 'be considered free and participate in the life of the State when he cannot meet his basic needs and the needs of his family.
Cont
In most recent
constitutions, started
having
explicit rules that confer special rights to the citizens of a social nature:
to obtain gainful employment, fair wages, the daily rest, weekly and yearly, to
social security, to free medical care, education, the protection of their
savings, the small properties', to housing, to education etc.
The legal equality is added so, a positive action of the state for the approximation of the social classes of citizens in the economic field. This attitude is expressed in the recent constitutions including Somalia in these terms: the Republic to removes those obstacles of an economic and social nature which constrain the liberty' and equality of citizens and prevent human development.
The legal equality is added so, a positive action of the state for the approximation of the social classes of citizens in the economic field. This attitude is expressed in the recent constitutions including Somalia in these terms: the Republic to removes those obstacles of an economic and social nature which constrain the liberty' and equality of citizens and prevent human development.
Constitutional
Freedoms.
From the legal point
of view, freedom 'qualifies as a subjective public right: this right stem from the relationship
established between the State and the individual and differs from the full range of other rights in the
individual can converge
or meet.
The right to freedom is the right of the individual to have a sphere of activity 'guaranteed by the legal system .
The rights of liberty 'are established in a certain historical moment of the constitutional evolution of the State, namely, in a period prior to the formulation of written constitutions.
Declarations of rights, (dichirazioni dei diritti) which had origin Saxon countries, are aimed to ensure the sphere of the individual to the state, as it appears from the document more 'oldest and most' famous in this field: the English Magna Carta of 1215.
The right to freedom is the right of the individual to have a sphere of activity 'guaranteed by the legal system .
The rights of liberty 'are established in a certain historical moment of the constitutional evolution of the State, namely, in a period prior to the formulation of written constitutions.
Declarations of rights, (dichirazioni dei diritti) which had origin Saxon countries, are aimed to ensure the sphere of the individual to the state, as it appears from the document more 'oldest and most' famous in this field: the English Magna Carta of 1215.
Various types of
freedom '
We will now enumerate the main specifications of freedom 'constitutional, which are found in modern constitutions.
A first important group of civil freedom is consists of the personal freedom. They are:
1) -the freedom of residence and domicile of choice.
2) -the inviolability of the home.
3) –the inviolability of correspondence.
4) -the freedom from arrest.
5) -the freedom 'of choice and exercise of profession, industry or trade.
We will now enumerate the main specifications of freedom 'constitutional, which are found in modern constitutions.
A first important group of civil freedom is consists of the personal freedom. They are:
1) -the freedom of residence and domicile of choice.
2) -the inviolability of the home.
3) –the inviolability of correspondence.
4) -the freedom from arrest.
5) -the freedom 'of choice and exercise of profession, industry or trade.
Cont
A second group of
freedom are called freedom' of thought and freedom of religion implying:
-freedom' of
consciousness, that is the right for the individual to have or not have a
religion and to profess the religion he believes;
- and freedom 'of
worship: that' is the right for the individual to meet with other believers, to
perform common functions, ceremonies or religious practices of their religion
Great emphasis has
also:
1) - the freedom of 'print
2) -the freedom of teaching;
3) -the freedom of association;
1) - the freedom of 'print
2) -the freedom of teaching;
3) -the freedom of association;
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