What is the test to successfully challenge the facial validity of a statute?
California, United States of America
The following excerpt is from The People v. Green, 79 Cal.App.4th 921, 94 Cal.Rptr.2d 355 (Cal. App. 2000):
To successfully challenge the facial validity of a statute one must demonstrate the inevitable conflict of the statutory provisions with the appropriate constitutional mandate; to successfully challenge a facially valid statute an individual must show that as applied to him the provision offends a protected right. (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084.)
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