constitutionality

Constitutionality is the status of a law, policy, or government action as being in accordance with a constitution. In constitutional law, a norm is constitutional if it conforms to the text, structure, and principles of the supreme law. If it does not, it may be declared unconstitutional and struck down, restricted, or reinterpreted to fit constitutional requirements.

Judicial review is the principal mechanism for assessing constitutionality. Courts examine statutes, executive orders, and regulations against constitutional provisions, including guarantees of fundamental rights and the division of powers. Some systems use abstract review, where laws are evaluated without a concrete case, while others use concrete review, which is limited to disputes already brought before the court. When challenges arise, courts apply standards of review to determine whether the government action serves a legitimate objective in a manner that is not unduly burdensome on rights. In the United States, tests such as rational basis, intermediate scrutiny, and strict scrutiny are commonly referenced, depending on the rights involved; proportionality is widely used in many European and other jurisdictions.

Remedies for unconstitutional measures typically include striking down the offending provision, severing it from the statute, or issuing injunctions. Constitutional interpretation can evolve with changing circumstances, through new judicial rulings or through constitutional amendments. The concept of constitutionality intersects with human rights, federalism, and the balance between democratic authority and protections for individuals. Because constitutions differ across jurisdictions, the exact procedures, standards, and remedies for testing constitutionality vary, but the core idea remains: government power must operate within the limits set by the supreme law.