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Nelson Mandela

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In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolised by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

 
Nelson Mandela

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The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

 
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People are usually surprised to discover that I hate the phrase "constitutional rights." I hate the phrase because it is terribly misleading. Most of the people who say it or hear it have the impression that the Constitution "grants" them their rights. Nothing could be further from the truth. Strictly speaking it is the Bill of Rights that enumerates our rights, but none of our founding documents bestow anything on you at all [...] The government can burn the Constitution and shred the Bill of Rights, but those actions wouldn't have the slightest effect on the rights you've always had.

 
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Muhammad Ali Jinnah
 

When you expand the civil-rights struggle to the level of human rights, you can then take the case of the black man in this country before the nations in the UN. You can take it before the General Assembly. You can take Uncle Sam before a world court. But the only level you can do it on is the level of human rights. Civil rights keeps you under his restrictions, under his jurisdiction. Civil rights keeps you in his pocket. Civil rights means you’re asking Uncle Sam to treat you right. Human rights are something you were born with. Human rights are your God-given rights. Human rights are the rights that are recognized by all nations of this earth. And any time any one violates your human rights, you can take them to the world court.

 
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When you expand the civil-rights struggle to the level of human rights, you can then take the case of the black man in this country before the nations in the UN. You can take it before the General Assembly. You can take Uncle Sam before a world court. But the only level you can do it on is the level of human rights. Civil rights keeps you under his restrictions, under his jurisdiction. Civil rights keeps you in his pocket. Civil rights means you’re asking Uncle Sam to treat you right. Human rights are something you were born with. Human rights are your God-given rights. Human rights are the rights that are recognized by all nations of this earth. And any time any one violates your human rights, you can take them to the world court.

 
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