Citation: 105 Geo L.J. (2017)
Constitutional theory commonly casts individual-rights provisions and structural provisions as conceptual opposites. Conventional wisdom suggests that structural provisions establish and empower government institutions, and rights provisions protect individual freedoms. Although scholars have long explored how government structure can affect individual liberty, its mirror image has been neglected. Scholars have largely assumed that individual rights have little resemblance to constitutional structure. The result is an imbalanced discourse that misses the structural implications of individual-rights provisions and their consequences for constitutional theory.