Philippine Bar review · Question

Practice question: Strict Scrutiny Test

Multiple Choice Hard

Practice question

Two child-safety rules burden the same fundamental right and are properly subjected to strict scrutiny. The evidence establishes compelling need for both. Rule A contains tailored safeguards necessary to preserve legitimate activities without reducing protection; Rule B omits them and imposes a conceded unnecessary extra burden. Officials insist both must have the same result because their goals match. Which is sound?
  1. Identical goals require identical constitutional results regardless of means.
  2. Their means must be assessed separately; the conceded unnecessary burden matters even when both objectives are compelling.
  3. Every child-safety rule is outside review.
  4. A city may erase fundamental rights by citing the same goal twice.
  5. Courts may examine titles only.

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

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