Lexipedia

Equality before the law

The principle that public authorities must treat comparable cases alike and unequal cases according to their differences, unless objective reasons justify distinctions.

Equality before the law requires the state to apply and make law without unjustified discrimination or privilege. In Swiss law it underpins constitutional review, administrative decisions and access to public services: comparable situations must be treated comparably, while relevant differences may require different treatment. The principle does not forbid every classification, but demands objective, reasonable grounds and proportional effects. It is closely linked to non-discrimination, equal procedural opportunities and the duty of authorities to give consistent reasons for departing from established practice.