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- Title
STRICT JUDICIAL SCRUTINY.
- Authors
Fallon, Jr., Richard H.
- Abstract
The article focuses on the applicability of strict judicial scrutiny in judicial practice in the U.S. The author argues that the strict scrutiny test is best understood as mandating a proportionality inquiry. Moreover, he explains that strict judicial scrutiny is part of the efforts of judges to implement the constitution through doctrinal tests. Furthermore, he claims that the history of strict scrutiny epitomizes the capacity of judicial formulas to acquire an aura of legal necessity.
- Subjects
UNITED States; JUDGES; JUDICIAL process; STATUTORY interpretation; PROPORTIONALITY in law; UNITED States. Constitution
- Publication
UCLA Law Review, 2007, Vol 54, Issue 5, p1267
- ISSN
0041-5650
- Publication type
Article