Equal Protection Clause and Due Process Clause

The UK Constitution shall have an Equal Protection Clause that guarantees that no law shall treat people unequally.  Obviously there will be some carved out exceptions in statutes, such as young children being legally forbidden from voting or driving, etc...  

The UK Constitution shall also have a Due Process Clause, that ensures that no person shall be deprived "due process" of the law.

Below I re-worded the Equal Protection Clause and Due Process Clause as found in the 14th Amendment of the U.S. Constitution, but with reference to the UK.  I would of course not expect this to be part of the UK Constitution word-for-word, but this is the general concept that is necessary.  I also removed the reference to the "privileges and immunities".

"All persons born or naturalized in the United Kingdom, and subject to the jurisdiction thereof, are citizens of the United Kingdom.  No Parliament or any other Government agency shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

John Z Apr 6, 2015

"All persons born or naturalized in the United Kingdom, and subject to the jurisdiction thereof, are citizens of the United Kingdom.  No Parliament or any other Government agency shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

This seems pretty self-evident.

Ian Smith Apr 6, 2015

John,

I think that you will not find favour with this formulation, given that it permits the state to deprive a person of life!  As you know, that prospect was voted down in phase 1 of this project.

In addition, can I ask: do you intend this to apply to legal persons as well as individuals and secondly how will this relate to the other ideas granting property rights, rights against torture?

Kind regards,

Ian

John Z Apr 6, 2015

Regarding the "life" portion of the proposal, it doesn't necessarily mean just the death penalty as it also may refer to a life-term in prison.  So I am not ready to remove the word "life" just yet in the "due process clause".  

As for whom does this provision apply to, the government and government agencies.  As for private businesses, at minimum, I would have it apply to them if they perform a "public function" (such as a hotel, restaurant, department store, etc...).  Due to the broad definition of "public function", it can essentially applies to any business dealing with the public.

As for the "equal protection clause", it appears pretty absolute as written. 

ConstitutionUK Apr 10, 2015

This clause is very similar to https://constitutionuk.com/post/97159

I think the fundamental difference is that John from Jersey's clause is couched in the language of citizenship whereas the other post is not limited to citizens.

Please vote up the provision you prefer and then vote down the one that you least prefer.

Thanks,

The ConstitutionUK Team  

John Z Apr 10, 2015

My concern of expanding this to ALL persons is that it may include those in the UK illegally.  Perhaps a compromise is only those with "legal residency".

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