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Strict scrutiny is the highest standard of judicial review used by courts to evaluate the constitutionality of laws or governmental actions that potentially infringe on fundamental rights or involve suspect classifications, such as race or religion. To pass Strict scrutiny, the law or action must serve a compelling governmental interest, be narrowly tailored to achieve that interest, and be the least restrictive means available.
Constitutional rights are fundamental rights granted and protected by a nation's constitution, serving as a legal framework to safeguard individual freedoms and limit government power. These rights are often interpreted and enforced by the judiciary, ensuring they adapt to evolving societal norms and challenges.
Narrow tailoring is a legal principle requiring that a law or policy be specifically and precisely designed to achieve a legitimate objective without overreaching or infringing on rights unnecessarily. It is commonly applied in constitutional law, particularly in cases involving equal protection or free speech, to ensure that any restrictions are minimal and directly related to the intended purpose.
Government justification refers to the rationale and principles that legitimize the authority and actions of a government over its citizens. It encompasses the moral, legal, and social frameworks that validate governance, ensuring it operates within the bounds of justice, consent, and the common good.
Fundamental rights are the basic human rights and freedoms that are guaranteed to individuals, typically enshrined in a constitution or fundamental legal framework, to protect against governmental abuse. They are considered essential for the dignity, liberty, and equality of individuals and are often legally enforceable in courts of law.
The balancing test is a legal principle used by courts to weigh competing interests, rights, or factors to reach a fair and just decision. It is often employed in constitutional law to balance individual rights against government interests or in tort law to assess the reasonableness of conduct.
Public interest refers to the welfare or well-being of the general public and society, often used to justify policies, decisions, or actions that benefit the majority. It is a guiding principle in law, governance, and ethics, emphasizing the balance between individual rights and collective good.
Substantive Due Process is a constitutional principle that protects certain fundamental rights from government interference, even if procedural protections are present. It ensures that laws infringing on these rights must meet a high standard of justification, often requiring a compelling state interest and narrowly tailored means.
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