hello pooh
Badges: 3
Rep:
?
#1
Report Thread starter 1 month ago
#1
Do courts determine whether a rule of constitutional law is legal? ( in countries with written or unwritten constitution)Thank u
0
reply
random1997
Badges: 8
Rep:
?
#2
Report 4 weeks ago
#2
Well, no. As the 'highest law in the land', the whole point of a constitution is that no other law can override them - so in that sense it would be impossible to be considered 'unlawful' by the judiciary. But the constitution is still open to judicial interpretation, and that's how a constitution usually moves with the times.

It is more accurate to say that the judiciary will determine whether another law is 'lawful' in accordance with that jurisdiction's written or unwritten constitution.
0
reply
hello pooh
Badges: 3
Rep:
?
#3
Report Thread starter 3 weeks ago
#3
(Original post by random1997)
Well, no. As the 'highest law in the land', the whole point of a constitution is that no other law can override them - so in that sense it would be impossible to be considered 'unlawful' by the judiciary. But the constitution is still open to judicial interpretation, and that's how a constitution usually moves with the times.

It is more accurate to say that the judiciary will determine whether another law is 'lawful' in accordance with that jurisdiction's written or unwritten constitution.
Thank u so muchhhh
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

How are you feeling about starting university this autumn?

Really excited (41)
21.03%
Excited but a bit nervous (89)
45.64%
Not bothered either way (27)
13.85%
I'm really nervous (38)
19.49%

Watched Threads

View All