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A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. [1] When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health ...
Statutory interpretation is the process by which courts interpret and apply legislation.Some amount of interpretation is often necessary when a case involves a statute. ...
Legal interest may also refer to: Equitable interest, which is a legal interest that may be enforced by equitable remedies; Estate in land, a possessory interest in real property; Government interest, the rationale of a government in enacting a law or regulation; Legal good, an interest protected by criminal law
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 also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to ...
In some instances, it is deemed in the public interest (by the legislative branch of government) for regulatory agencies to be given powers in addition to the above. This more interventionist form of regulation is common in the provision of public utilities, which are subject to economic regulation. In this case, regulatory agencies have powers to:
Statutory interest rates in New York are fixed at nominal amounts, usually according to the monetary environment in which the statutes were enacted (or last amended). Given the drastic changes in ...
Zone of interest test: There are in fact two tests used by the United States Supreme Court for the zone of interest Zone of injury: The injury is the kind of injury that Congress expected might be addressed under the statute. [49] Zone of interests: The party is arguably within the zone of interest protected by the statute or constitutional ...
the right of petition has expanded. It is no longer confined to demands for “a redress of grievances,” in any accurate meaning of these words, but comprehends demands for an exercise by the government of its powers in furtherance of the interest and prosperity of the petitioners and of their views on politically contentious matters.