A Reflection on the Concept of Equality in the Minds of Constitutional Experts

Equality in its legal sense is a philosophical norm from which many of the fundamental rights and freedoms in the constitution derive. The present study uses a descriptive-analytic approach, and after examining and applying the theoretical aspect of equality and its variants (formally and substantially), it describes the discussions of constitutional experts leading to the adoption of the principles of equality. The result of the discussions and debates of major legislators is that, despite the acceptance of equality in the constitution, there have been various conceptions of equality in the House of Experts. Despite having apparent and partial divergent readings of equality, Constitutional legislators eventually incorporated the principle of equality in the relevant principles. Also, substantive equality in the views of constitutional experts had a relative and fragile meaning. That is to say, despite the acceptance of substantive equality, some of the substantive equality provisions were not accepted in the constitution and were bound by Islamic standards.