PromptUnder the Japanese Constitution, when a court reviews a law that restricts economic freedoms versus one that restricts spiritual freedoms, what standard of review does the Supreme Court typically apply to each, and what is the rationale?
Click to flip AnswerThe Supreme Court applies a less strict rational basis standard to economic regulations and a strict scrutiny standard to regulations of spiritual freedoms. This 'double standard theory' holds that economic freedoms are more amenable to legislative adjustment for public welfare, while spiritual freedoms are essential to democracy and warrant stronger judicial protection.
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