Tuesday, April 23, 2013

Strict Scrutiny Test in Constitutional Adjudication: Indian Experience

Strict Scrutiny Test in Constitutional Adjudication: Indian Experience
exercising the task of determining whether a violation is in fact justified the courts have evolved, educed and applied various rules of interpretation. The courts in such constitutional adjudication where the fundamental rights infringement were involved provided that these issues deserve an intense review. Several new tests evolved as an outcome of such need of intense review. One of the tests evoked and utilized by the court in such constitutional adjudication is in form of ‘Strict Scrutiny’ Test.
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