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Constitutionality is the condition of acting in accordance with an applicable
The def: not in accordance with a political constitution, especially the US Constitution, or with procedural rules. Ex." we cannot tolerate unconstitutional action" Declaring laws constitutional or un unconstitutional is done by the deciding in the Judicial Branch of government.
However, governments do not just create laws. Governments also enforce the laws set forth in the document defining the government—in the Constitution. In the United States, the failure to seat duly elected representatives of the people following a proper election, or the failure to provide for such elections would be unconstitutional even in the absence of any legislated laws whatsoever.
When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called
Depending on the type of legal system, a statute may be declared unconstitutional by any court, or only by special
In many jurisdictions, the
A constitutional violation is thus somewhat different from the breaking of a normal
The legal encyclopedia
The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)
A law in violation of an existing statute can be described as unstatutable.