The criteria that law must meet in order to pass the government’s strict scrutiny test to reasonably discriminate includes"
- It must further a compelling government interest
- It must use the least restrictive means to achieve its purpose.
<h3>What is a
strict scrutiny test?</h3>
In law, a strict scrutiny refers to the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. In order for a law to pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest" and must have narrowly tailored the law to achieve that interest.
This standard is the highest and most of the stringent standard of judicial review and is part of the levels of judicial scrutiny that courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. However, the lesser standards are rational basis review and exacting or intermediate scrutiny and these standards are applied to statutes and government action at all levels of government within the United States.
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Its a fundamental human right. It also underpins most other rights and allows them to flourish. The right to speak your mind freely on important issues in society, access information and hold the powers that be to account, plays a vital role in the healthy development process of any society.
