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A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. [1] When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health ...
Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. [1] In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle .
In modern constitutional law, the rational basis test is applied to constitutional challenges of both federal law and state law (via the Fourteenth Amendment).This test also applies to both legislative and executive action, whether those actions be of a substantive or procedural nature.
In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [ 2 ]
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Marbury was the point at which the Supreme Court adopted a monitoring role over government actions. [59] After the Court exercised its power of judicial review in Marbury, it avoided striking down a federal statute during the next fifty years. The court would not do so again until Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857). [60]
The first constitutive equation (constitutive law) was developed by Robert Hooke and is known as Hooke's law.It deals with the case of linear elastic materials.Following this discovery, this type of equation, often called a "stress-strain relation" in this example, but also called a "constitutive assumption" or an "equation of state" was commonly used.
The first notion, methodological holism, is the idea that actors are socialized and embedded into social structures and institutions that constrain, or enable, and generally shape the individuals' dispositions towards, and capacities for, action, and that this social structure should be taken as primary and most significant.