Balancing Test
/ˈbælən.sɪŋ tɛst/
Definitions
- (n.) A judicial method of weighing competing interests or rights to arrive at a fair outcome.
The court applied a balancing test to decide between free speech and public safety.
- (n.) An analytical framework used to evaluate constitutional claims by balancing individual rights against governmental interests.
In First Amendment cases, courts often employ a balancing test to determine restrictions' validity.
Related terms
See also
Commentary
Balancing tests lack bright-line rules and require careful judicial discretion to weigh competing factors; drafters should clarify criteria to avoid arbitrariness.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.