Formal Equality Occurs when the law provides that, in certain denied circumstances, everyone should be treated equally regardless of background, social or economic status or personal beliefs. E.g. Anti discrimination Act, Sex discrimination Act
Does formal equality before the law hide institutionalised inequality?Despite formal equality before the law the reality is different. Those with less power, less money and less education have less chance of being treated equally by the law. Mainly because of accessibility.
It could be said that inequality is institutionalised. I.e. part of the fabric of our govt. E.g. Legislature, executive and judiciary. The more power and money, the greater the access and the better chance that equality will be achieved.