The Yick Wo doctrine states that any law or rule granting someone the authority to determine a person’s eligibility for a legal business is unjust and violates the 14th Amendment of the United States Constitution. This principle was established in the 1886 case of Yick Wo v. Hopkins.
The Yick Wo doctrine, also referred to as the Yik Woh principle, asserts that any law or regulation granting absolute discretion to an individual or entity to approve or deny permission for a lawful business is a violation of the 14th Amendment of the U.S. Constitution. An example of this principle in action is the case of Yick Wo v. Hopkins, where a Chinese immigrant named Yick Wo was denied a permit to operate his laundry business in San Francisco due to a discriminatory law that was selectively enforced against Chinese immigrants. The Supreme Court ruled that this law violated the 14th Amendment because it allowed city officials to unfairly discriminate against individuals based on their race. The significance of the Yick Wo doctrine lies in its protection of individuals and businesses from arbitrary and discriminatory actions by government officials. It ensures that laws and regulations are applied in a just and unbiased manner, regardless of a person’s race, ethnicity, or other protected characteristics.
The Yick Wo Doctrine is a legal principle that prohibits the government from enforcing laws or regulations in a discriminatory manner.
Yick Wo was a Chinese immigrant who challenged a San Francisco ordinance that required all laundries to be made of brick or stone. The ordinance was enforced in a discriminatory manner, as it was only applied to Chinese-owned laundries.
The Yick Wo case was decided by the U.S. Supreme Court in 1886.
The U.S. Supreme Court ruled that the San Francisco ordinance was unconstitutional because it violated the Equal Protection Clause of the 14th Amendment.
The Yick Wo Doctrine has been applied in a wide range of cases involving discrimination, including cases involving race, gender, religion, and sexual orientation.
No, the Yick Wo Doctrine only applies to laws or regulations that are enforced in a discriminatory manner.
The standard of proof is typically a showing of intentional discrimination or disparate impact.
Yes, the Yick Wo Doctrine can be used in criminal cases to challenge discriminatory enforcement of criminal laws.
No, the Yick Wo Doctrine only applies to government actors.
Yes, the Yick Wo Doctrine remains an important legal principle in the fight against discrimination and unequal treatment under the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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