Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution.
When something is unconstitutional it is illegal by being a direct violation of a constitution; it is constitutional when it is in accordance with a constitution.
A constitutional violation is thus somewhat different than the breaking of a normal law, both in terms of seriousness and punishment. Laws can be declared unconstitutional, though this causes no punishment for those who passed the laws. In many states the supreme court or constitutional court is the final legal arbiter that renders an opinion on whether a law or action is constitutional.
Some examples of unconstitutional actions can be:
- A politician who abuses the powers of his constitutionally-established office
- A legislature that tries to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process.
Most constitutions define the powers of governments. Thus, national constitutions typically apply only to government actions. This means that only governments can violate the nation's constitution, but there are exceptions.
American jurisprudence says the following in regard to constitutionality: " 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." 16AmJur 2nd, Sec. 178
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Last updated: 05-14-2005 14:01:42
