Heightened Scrutiny
/ˈhaɪtənd ˈskruːtɪni/
Definitions
- (n.) A standard of judicial review requiring the government to prove that a challenged law or policy serves an important or compelling governmental interest and is substantially related or narrowly tailored to achieve that interest.
Heightened scrutiny is applied in cases involving discrimination based on gender or illegitimacy.
Related terms
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Commentary
Heightened scrutiny occupies an intermediate position between rational basis review and strict scrutiny, often used in constitutional law to evaluate certain classifications that deserve more than minimal but less than the highest level of judicial protection.
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.