193k views
2 votes
____ is a method for determining the constitutional validity of a law, whereby the government's interest in the law and its purpose is balanced against an individual's constitutional right that it affects by the law.

User PiCookie
by
8.4k points

1 Answer

6 votes

Final answer:

The Sherbert test is used to evaluate the constitutionality of laws by balancing the government's interest against individual rights, ensuring the government's actions are justifiable and minimally restrictive. Constitutionalism upholds this balance, emphasizing limited government and individual freedoms, with judicial review serving as a critical component in this evaluation process.

Step-by-step explanation:

The method for determining the constitutional validity of a law by balancing the government's interest against an individual's constitutional rights is known as the Sherbert test. This test stands as a standard for deciding whether a law violates constitutional principles like the free exercise clause. Under this test, a law is subject to strict scrutiny and will only be upheld if there is a compelling governmental interest and the law is the least restrictive means of achieving that interest. This balancing act is central to constitutionalism, which ensures a government's authority is limited, thus safeguarding individual freedom and self-determination within the boundaries of a constitutional framework. Consequently, judicial review plays a pivotal role in this process, as courts assess the alignment of legislation with constitutional mandates.



Constitutionalism represents a system that harmonizes the individual's freedom with limited government under the rule of law. The ongoing challenge in governance is to balance individual liberties against societal interests, a tension that is perpetually present in democratic societies. The principle of due process, which is intertwined with constitutionalism, provides a robust defense of legal rights in societies that uphold the rule of law.

User Raycons
by
7.8k points