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What is the four part test also known as the Substantive Due Process Standard?

User Rast
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Final answer:

The four-part test, also known as the Substantive Due Process Standard, is a legal standard used to determine if a government action violates an individual's constitutional right to substantive due process.

Step-by-step explanation:

The four part test, also known as the Substantive Due Process Standard, is a legal standard used to determine if a government action violates an individual's constitutional right to substantive due process. It consists of the following four steps:

Identify the fundamental right: The first step is to identify the fundamental right at stake, such as the right to privacy, freedom of speech, or equal protection.

Determine if there is a compelling government interest: The second step is to determine if the government has a compelling interest in infringing on the fundamental right.

Assess the means employed by the government: The third step is to assess whether the means employed by the government to achieve its interest are narrowly tailored and least restrictive.

Weigh the government's interest against the individual's rights: The final step is to balance the government's interest against the individual's rights, considering if the government's interest outweighs the individual's rights.

By applying this four part test, courts can determine if a government action violates an individual's substantive due process rights.

User Darklow
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