What is known as an as applied challenge to a statute?

California, United States of America


The following excerpt is from Hatch v. Superior Court, 80 Cal. App. 4th 170, 94 Cal.Rptr.2d 453 (Cal. App. 2000):

An "as applied" challenge to a statute seeks "relief from a specific application of a facially valid statute . . . to an individual . . . under allegedly impermissible present restraint . . . as a result of the manner . . . in which the statute . . . has been applied." (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084.) Such a challenge "contemplates analysis of the facts of a particular case . . . to determine the circumstances in which the statute . . . has been applied and to consider whether . . . the application deprived the individual to whom it was applied of a protected right. [Citations.]" (Ibid.)

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