As-Applied Challenge
/ˈæz əˌplaɪd ˈtʃælɪndʒ/
Definitions
- (n.) A legal challenge asserting that a law or regulation is unconstitutional as it has been applied in a particular case, rather than in all possible applications.
The plaintiff filed an as-applied challenge arguing that the statute infringed their rights under the specific facts of their case.
Commentary
As-applied challenges focus on the application of the law in a specific context, distinguishing them from facial challenges that contest the law's validity in all contexts.