balancing test


balancing test
bal·anc·ing test n: a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater
◇ Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights.

Merriam-Webster’s Dictionary of Law. . 1996.

balancing test
n.
A test used by courts to weigh the rights of an individual against the rights of the state; common in cases involving freedom of speech or equal protection.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


balancing test
n. The weighing, especially by a court, of competing values and interests and deciding which one will prevail, in an attempt to achieve equality or fairness between those values and interests.

Webster's New World Law Dictionary. . 2000.

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