POLB30H3 Lecture Notes - Lecture 11: Negative And Positive Rights, Pavement Dwellers
Document Summary
Definition: a balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Balancing involves weighing competing rights against each other and analyzing the relative strengths of many factors. A balancing decision is dependent upon the circumstances of each case. Olga tellis: after weighing the rights of the pave dwellers, it was concluded that the legitimate state interest in public safety outweighs needs of pavement dwellers. the government should decide whether to prioritize social rights over broader development goals. The laws majestic equality the majestic equality of the laws, which prohibit the rich and the poor alike from sleeping under bridges, begging in the streets and stealing bread. Definition: forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
