Practice question
A measure subject to strict scrutiny is supported by proof of a compelling interest and the least restrictive effective means. No other defect is presented. An objector says the initial demanding burden is legally incapable of being met. Which is best?
- No proof can ever satisfy strict scrutiny.
- Only a national referendum can overcome the standard.
- The standard permits a justified measure to survive; it is not an irrebuttable command of invalidity.
- The court must ignore the findings and use a coin toss.
- The Government automatically loses whenever a right is mentioned.
Legal references
- Samahan ng mga Progresibong Kabataan v. Quezon City, G.R. No. 225442, August 8, 2017, main decision: https://lawphil.net/judjuris/juri2017/aug2017/gr_225442_2017.html
- Central Bank Employees Association v. Bangko Sentral ng Pilipinas, G.R. No. 148208, December 15, 2004, main decision, levels of scrutiny: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45406
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 1.
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