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Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Holding; Possessing an intellectual disability is not a quasi-suspect classification calling for a heightened level of scrutiny, but nevertheless, the requirement of a special use permit for a proposed group home for people with intellectual disabilities violated the Equal Protection Clause of the Fourteenth Amendment because no rational basis for the discriminatory classification could be ...
The Insular Cases have also been criticized for having been inconsistent in application between the two largest insular territories, the Philippines and Puerto Rico. Puerto Rico was seen as "an important geo-strategic asset" [ 27 ] for emerging U.S. imperialism and a gateway to Latin America, while insular control over the Philippines was a ...
Oposa v. Factoran, G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v.Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system.
The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest by means that are substantially related to that interest. [1] [2]
The term was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1952 Supreme Court opinions had mentioned it twice. [4] The term "substantive due process" itself is commonly used in two ways: to identify a particular line of case law and to signify a particular political attitude ...
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.