Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What is meant by equal protection of law?

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What constitutes a compelling government interest?

A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. 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.

What are the different levels of scrutiny?

You can consider the levels of scrutiny as existing on a spectrum: where Rational-Basis Review is at one end and Strict Scrutiny is at the other. Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny).

What is meant by due process law and equal protection of law?

Due Process Clause, Equal Protection Clause, and Disenfranchising Felons. The Fourteenth Amendment promises that all persons in the United States shall enjoy the “equal protection of the laws.” This means that they cannot be discriminated against without good reason.

What is the principle rule of law?

Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated. And consistent with international human rights principles.

What rights are protected by due process?

The Due Process Clause guarantees “due process of law” before the government may deprive someone of “life, liberty, or property.” In other words, the Clause does not prohibit the government from depriving someone of “substantive” rights such as life, liberty, or property; it simply requires that the government follow …

What are the two types of due process of law?

There are two types of due process: procedural and substantive. Procedural due process is based on the concept of fundamental fairness. In the area of criminal law, substantive due process means that the government may not prosecute an individual for conduct that affects certain fundamental rights.

What is due process violation?

Due process balances the power of law of the land and from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

What is due process of law and procedure established by law give examples?

This doctrine provides for more fair treatment of individual rights. Under due process, it is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must conform to the laws of the land like – fairness, fundamental rights, liberty etc.

What are the three levels of scrutiny for equal protection cases?

Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.