Cecily Zamora
The concept of constitutionality refers to the extent to which laws, procedures, and acts adhere to the guidelines set forth in a country's constitution. When these laws, procedures, or acts directly violate the constitution, they are deemed unconstitutional. The authority to rule on the constitutionality of a statute varies depending on the legal system – in some countries, any court can declare a statute unconstitutional, while in others, only specialized constitutional courts possess this power. In certain countries, such as the United Kingdom and New Zealand, there is no codified constitution for laws to conform to, while in others, like the Netherlands and Switzerland, courts lack the authority to strike down laws on constitutional grounds. Despite these variations, the power to deem laws unconstitutional is an essential mechanism for upholding the principles enshrined in a nation's constitution and ensuring that governmental actions remain within the bounds of their governing document.
Characteristics of 'Can Rule Laws Unconstitutional'
| Characteristics | Values |
|---|---|
| Standard of review | "Irreconcilable variance" with the Constitution |
| Striking down statutes | Only for unconstitutionality and when unconstitutionality is clear |
| Presumption of validity | In favour of the legislative body until violation of the Constitution is proved beyond a reasonable doubt |
| Role of the courts | To interpret and apply the Constitution, determining whether there is a conflict between a statute and the Constitution |
| Cardinal principle | To first ascertain whether a construction of the statute is fairly possible |
| Judicial review | The legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates existing law or the Constitution |
| Landmark decision | Marbury v. Madison, the first Supreme Court decision to strike down an act of Congress as unconstitutional |
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What You'll Learn
Judicial review
The doctrine of judicial review holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and legislative branches of government. The legitimacy of such judicial review has been established through the supremacy clause of the Constitution, which requires that all laws passed in the United States must conform to the Federal Constitution. In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.
The process of judicial review can be understood in the context of two distinct but parallel legal systems: civil law and common law, and two theories of democracy: legislative supremacy and separation of powers. In the civil law tradition, judges apply the law and have no power to create or destroy legal principles, while in the common law system, judges are seen as sources of law, capable of creating and rejecting legal principles.
The scope and procedure of judicial review vary between and within countries. Judicial review is usually carried out to ensure that the principle of ultra vires is followed, and that a public body's actions do not exceed the powers given to them by legislation. While the U.S. Constitution does not explicitly define the power of judicial review, its authority has been inferred from the structure, provisions, and history of the Constitution.
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The role of the courts
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The Supreme Court's power of judicial review is essential in ensuring that each branch of government recognizes the limits of its own power. It also plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. The Court sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court has the final say on when a right is protected by the Constitution or when a Constitutional right is violated. The Court will not formulate a rule of constitutional law broader than required by the precise facts of a case. It will also not pass upon a constitutional question if there is another ground on which the case may be disposed of. For example, if a case can be decided on either of two grounds, one involving a constitutional question and the other a question of statutory construction, the Court will decide only the latter.
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The US Constitution
The role of the courts in interpreting and applying the US Constitution is crucial. As Alexander Hamilton explained in Federalist 78, the standard of review should be "irreconcilable variance" with the Constitution. This means that a clear contradiction or conflict between a statute and the Constitution must be proven beyond a reasonable doubt for a court to strike down a statute as unconstitutional. The courts' duty to interpret and apply the Constitution is at the heart of the doctrine of judicial review, as emphasized by Chief Justice John Marshall in Marbury v. Madison, a landmark case that established judicial review of the government.
It's important to note that the US Constitution establishes certain limits and principles that even the majority has agreed not to interfere with. For example, the Bill of Rights protects freedoms such as freedom of religion, speech, equal treatment, and due process of law, which cannot be changed even by a majority without a Constitutional Amendment. This highlights the enduring significance of the US Constitution in shaping the country's legal and democratic framework.
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Landmark decisions
In the United States, the power of judicial review allows courts to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or the United States Constitution. While the Constitution does not explicitly define this power, it has been inferred from its structure, provisions, and history.
Hylton v. United States (1796)
This case involved a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794, which imposed a "carriage tax". The Supreme Court's judicial review of the plaintiff's case set a precedent for the Court's ability to review and nullify federal laws.
Marbury v. Madison (1803)
Section 13 of the Judiciary Act of 1789 was deemed unconstitutional because it attempted to expand the original jurisdiction of the Supreme Court beyond what was permitted by the Constitution. This case established the doctrine of judicial review and confirmed that the Supreme Court could nullify federal laws that contradicted the Constitution.
Little v. Barreme (1804)
The Supreme Court ruled that the President does not have "inherent authority" or "inherent powers" to ignore a law passed by the US Congress. This case established an important check on presidential power.
Brown v. Board of Education (1954)
The Supreme Court ruled that segregated schools in the states are unconstitutional because they violate the Equal Protection Clause of the Fourteenth Amendment. This decision had a significant impact on racial equality in education.
Engel v. Vitale (1962)
The Supreme Court held that school-initiated prayer in the public school system violates the First Amendment. This decision affirmed the separation of church and state and prohibited the government from sponsoring religious activities.
Griswold v. Connecticut (1965)
The Supreme Court ruled that a Connecticut law criminalizing the use of contraception by married couples was unconstitutional because it violated the constitutionally protected right to privacy. This decision expanded the rights of married couples and set a precedent for future cases involving privacy rights.
Roe v. Wade (1973)
The Supreme Court ruled that laws restricting a woman's ability to have an abortion prior to viability are unconstitutional. This decision recognized a woman's right to privacy and autonomy over her body, though it has been partially or fully overruled by subsequent cases.
Grutter v. Bollinger (2003)
The Supreme Court upheld the University of Michigan Law School's efforts to promote a diverse student body, finding that institutions of higher education have a legitimate interest in promoting diversity. This decision affirmed the importance of diversity in education and ensured that colleges and universities could continue to pursue inclusive admissions policies.
Federal Election Campaign Act Case (1974)
Amid calls to curb the influence of money in politics after the Watergate scandal, Congress passed the Federal Election Campaign Act, which set caps on campaign contributions and expenditures. However, the Supreme Court largely struck down these limits on campaign spending, citing free speech concerns and ruling that money spent in the political process is a form of protected political speech.
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Equality before the law
The concept of equality before the law is rooted in the idea of the rule of law, which holds that both the government and citizens know the law and obey it. The rule of law is based on the principle that all citizens, including those in power, should be fairly and equally ruled by the law. This idea was first established in the Magna Carta, a medieval document sealed in 1215 between King John of England and the Barons, which served as a mechanism to limit the power of the King and assert the rights of the people.
The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality. Judicial review, the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law or a constitution, plays a crucial role in upholding equality before the law. In the United States, for instance, the Supreme Court has held that laws contradicting the principle of equality before the law are unconstitutional.
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Frequently asked questions
The rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are consistent with international human rights principles.
The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or those with minority opinions. The courts also have the power of judicial review, which is the power to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or the United States Constitution.
Judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or the United States Constitution.
The power of judicial review is not explicitly defined in the US Constitution. Instead, it has been deemed an implied power derived from Article III and Article VI of the US Constitution.
