Practice question
A prosecutor defends a classification burdening a fundamental constitutional liberty solely by saying any conceivable administrative convenience ends the case. The accused specifically invokes the fundamental-right trigger. Which first analytical step follows the cited framework?
- Select the applicable level of scrutiny in light of the right burdened before treating ordinary rational-basis reasoning as conclusive
- Assume every penal classification is immune
- Ignore the right because a legislature acted
- Use only the number of words in the statute
- Conclude all classifications are invalid without analysis
Legal references
- Albano v COMELEC GR257610/UDK17230 January24,2023 ENBANC MAIN, levels of scrutiny: https://lawphil.net/judjuris/juri2023/jan2023/gr_257610_2023.html General equal-protection scrutiny framework; not importing election facts into criminal liability.
- 1987 Constitution ArticleIII Sections1,14,22: https://lawphil.net/consti/cons1987.html
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