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In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must ...
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny. [2] Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate ...
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review.The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
These levels of scrutiny are normally applied to legislation, but can also be applied to judicial acts and precedents (as seen in the context of challenges to the constitutionality of awards of punitive damages). In other words, the common law (including case law) is not immune to at least some minimal amount of judicial review for ...
Pursuant to the state constitution, the Georgia General Assembly has enacted legislation. Its session laws are published in the official Georgia Laws, [1] which in turn have been codified in the Official Code of Georgia Annotated (O.C.G.A.). [1] The Code of Georgia Annotated is another, unofficial codification published by West. [1]
On 21 February 1921, facing the onset of Soviet aggression, the Constituent Assembly of Georgia adopted a constitution of the Democratic Republic of Georgia which was the first modern fundamental law in the nation's history, but which, in fact, failed to fulfill its function and lasted only four days. [2]
The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States.
In United States constitutional law, a suspect classification is a class or group of persons meeting a series of criteria suggesting they are likely the subject of discrimination. These classes receive closer scrutiny by courts when an Equal Protection claim alleging unconstitutional discrimination is asserted against a law, regulation, or ...