Report No. 62

1.9. Equalisation in substance.-

With reference to legislation in favour of the weaker sections, it has been stated1 that:-

"Justice at least is done in this way in the shape of equalisation, the breach in the idea of abstract and uniform equality serving to level the sharp points of social differences."

"By social legislation in favour of workers, tenants and lodgers, as also of agriculture, the legislator is doing a work of equalisation, which is to improve the lot and prospects of the less fortunate classes. But that is exactly what constitutes the essence of the so-called social freedom. Constitutional rights can no longer remain mere landmarks between the State and the individual."

1. Fritz Cygi The Rule of Law in the Contemporary Welfare State, (1962), Vol. 4, Journal of the International Commission of Jurists, No. 1, pp. 3, 8 and 9.