unconstitutional

Unconstitutional describes actions, laws, or government practices that are contrary to a constitution. It is a legal term used to identify measures that violate constitutional text or the powers and rights the constitution protects. The label can apply to statutes, executive orders, administrative regulations, or judicial decisions that conflict with constitutional provisions or with the structure of government itself.

Determining constitutionality is usually the remit of a court with constitutional jurisdiction. Courts perform constitutional review, which may be centralized in a dedicated constitutional court or embedded in general courts. When a challenge is brought, the court assesses whether the measure respects the rights guaranteed by the constitution and the powers allocated to each branch. If found unconstitutional, the measure may be struck down, partially invalidated, or enjoined from enforcement. In many systems, the legislature can respond by amending the constitution, repealing the offending law, or drafting new legislation within constitutional limits.

Constitutional challenges commonly arise over rights protections, due process, equal protection, freedom of speech, religious liberty, and procedural guarantees, as well as structural rules governing the powers of the branches of government and federalism. A law or action can be deemed unconstitutional because it infringes rights, concentrates power improperly, imposes unreasonable classifications, or otherwise exceeds constitutional authority.

Remedies for unconstitutionality include invalidation of the offending provision, suspensions or injunctions, and, in some cases, judicial reinterpretation to bring a measure in line with constitutional requirements. The concept is central to the balance of power and the protection of fundamental rights within a constitutional system.