Oakes Flashcards
1
Q
The Oakes Test
A
1) the government must establish that the law has a goal that is both pressing and substantial
2) proportionality test - is it rational, is there minimal impairment & proportionate effects
The Oakes Test
1) the government must establish that the law has a goal that is both pressing and substantial
2) proportionality test - is it rational, is there minimal impairment & proportionate effects