Practice question
Under strict scrutiny, why is an equally effective less restrictive alternative legally important?
- It may show that the challenged restriction is not the least restrictive means.
- It automatically proves the objective is private.
- It makes the Constitution inapplicable.
- It transfers all lawmaking power to the challenger.
- It is never relevant under any facts.
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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