Realization of (In)Equality Principle Cover Image

Остваривање принципа (не)равноправности
Realization of (In)Equality Principle

Author(s): Damjan Danilović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Principle of equality in the civil procedures;Labour law;Electoral and equality with banking sector;
Summary/Abstract: Legal systems proclaim different legal principles. In this paper we will try to examine the realization of the principle of equality in practice. This paper is based on an analysis of possibilities of realization of this principle in situations experienced by the author directly, or indirectly, and large number of people is faced with the same situation very often. This paper defines the concept of equality and analyzes the three basic forms of violation (non-realization ) of the principle of equality. The author suggests methods for overcoming this situation. The first form of violation of this principle is a situation where certain categories of persons do not have rights regulated by the laws. In another form of violation of this principle certain persons manage to evade the law through corruption. Our aim is to pay special attention to the third form of violation of the principle of equality. This happens when law makes the equality principle impossible or hardly possible to realize.If we compare the essence of this principle and its realization in practice, we will see the difference. It can be said that, in some situations in practice, the principle of equality remains just an ideal we have to aspire to, without it being realized. All this can be overcome. In some cases we have to apply complex and comprehensive actions, while in some other cases we should make amendments to the current legal acts. Besides, there is a need for democratization of political structures and citizens involvement in the legislative process.