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Religious freedom and the rule of law

Author: LiZuo
Tutor: JiaoHongChang
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Religious free exercise of Terms Standard of review Substantive burden of the exercise of religious freedom Compelling government interest Minimum limit means
CLC: D971.2
Type: Master's thesis
Year: 2008
Downloads: 83
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Abstract


1990 U.S. Supreme Court in Employment Division v.Smith case judgment as the subject of study . The major constitutional issues of the case judgment : whether the First Amendment religious free exercise clause to allow the Oregon Criminal Code prohibits the ritual consumption of Pui O special alkali (an extract from the plant hallucinogens ) , and therefore whether allow state government to refuse to grant the dismissal ritual use of the substance to unemployment benefits . In other words , the Oregon state government refused to give the people laid off in the ritual consumption of wear Macao Special alkali unemployment benefits is a violation of First Amendment religious free exercise clause . Papers in addition to the introduction and conclusion , the body part consists of four chapters . The first chapter of the thesis will analyze the judgment of the facts of the case , the point of dispute and the judgment of reason . The case involved the application of the the question of what standard of review , the second chapter of the thesis will analyze the United States Supreme Court cases has always been the standard of review applicable free exercise of religion , especially strict standard of review to appear after its connotation . Chapter III review of the case judgment standard of review used by the majority opinion , and discuss whether the case should apply a strict standard of review ? Next fifth part will further discuss the case the main entities involved in the dispute : the substantive burden on the exercise of freedom of religion , compelling government interest, the minimum limit means . In the applicable standard of review , support Justice O'Connor 's position that this case should apply a strict standard of review . Entity in the case of dispute , the paper endorsed the dissenting opinion of Justice Black, who the point of view, that the Oregon proposition compelling government interest is not supported by evidence , can not justify the exercise of the religious freedom of the present case the defendant imposed the substance of burden.

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