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PERSONAL RIGHTS AND RULE-DEPENDENCE:

Can the Two Coexist?

Published online by Cambridge University Press:  01 May 2001

Matthew D. Adler
Affiliation:
University of Pennsylvania Law SchoolUniversity of Pennsylvania

Abstract

Can constitutional rights be both personal and rule-dependent? Can it be true of constitutional adjudication (1) that a constitutional litigant must assert “her own” rights, and yet also (2) that the viability of a constitutional challenge depends (or sometimes depends) on whether a particular type of legal rule, for example, a discriminatory or poorly tailored rule, is in force?

Type
Research Article
Copyright
© 1999 Cambridge University Press

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