Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-23T00:44:44.784Z Has data issue: false hasContentIssue false

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)