法律英语动态

LEC 真题演练 | 严格审查标准

2022-10-27 8:47:22 田全礼 167

Strict Scrutiny Test 严格审查标准

A test that to determine the constitutional validity of a statute that creates a classification of person, including classification based on nationality or race. Under this test, if a classification scheme affects fundamental rights (marriage, religion, race...), it requires a showing that the classification is necessary to, and the least intrusive means of, achieving the compelling state interest.

严格审查标准用以衡量法律或政府行为是否违宪,由政府举证。它适用于公民的基本自由利益受到政府侵犯之时,是一种比较能动的司法审查。严格审查意味着被质疑的法律通常通不过审查,被法院宣布违宪,除非被质疑的法律对基本自由所施加的限制是为了达到一个紧迫的政府利益,且所适用的限制方法是最小侵害方法,或者最小负担方法。

例子:

1.     After reviewing then-current levels of public school student performance, the officials of a state became concerned that several of its public school districts would lose their federal funding after the administration of the first national achievement test. Then current levels of private school student performance were substantially higher. In order to improve the chances of those school districts retaining their federal funding, the state recently enacted a law that requires all children of elementary and secondary school age to attend the schools operated by their respective local public school districts. The law is to take effect at the beginning of the next school year.  

Parents of children enrolled in private schools within the state have filed suit to challenge the constitutionality of this state law. Should the court uphold the law?

A Yes, because it is rationally related to a legitimate state interest.

B Yes, because it is necessary to further a compelling state interest.

C No, because it is not rationally related to a legitimate state interest.

D No, because it is not necessary to further a compelling sate interest.

 

2.     A state law provides that a person who has been divorced may not marry again unless he or she is current on all child-support payments. A woman who was refused a marriage license pursuant to this law sued the appropriate state officials.

What standard should the court apply in reviewing the constitutionality of this law?

A The state must show that the law is necessary to serve a compelling government interest.

B Te state must show that the law is substantially related to an important government interest.

C The woman must show that the law serves no important public purpose.

D The woman must show that the legislature did not have a rational basis for enacting the law.

 

1.  答案:D

解析:本题涉及的州法律是,规定所有中小学学龄儿童必须就读于所属地区的公立学校。该法律限制了学生选择学校的基本权利,应采用Strict Scrutiny (严格审查)标准。要考虑该法律是否与政府的重大利益(compelling government interest)有关。该法律的目的是提高这些学区保留联邦资金的机会,与政府的重大利益无关, 所以不合宪。

 

2.       答案:A

解析:因为涉及的marriage,属于一项基本权利,所以适用于严格审查标准,且该项标准要由政府举证证明。




标签: LEC考试 Strict Scrutiny Test 法律英语学习 法平教育

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