fundamental right

noun

: a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution)

Note: A court must review a law that infringes on a fundamental right under a standard of strict scrutiny. A fundamental right can be limited by a law only if there is a compelling state interest.

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Cite this Entry

“Fundamental right.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/fundamental%20right. Accessed 26 Feb. 2024.

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