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((Short description|Status of law as permitted by the Constitution of the State))
((More citations needed|date=September 2014))
((Use American English|date=January 2019))

((Use mdy dates|date=January 2019))

In [[constitutional law]], '''constitutionality''' is said to be the condition of acting in accordance with an applicable [[constitution]];<ref>((cite web |url=http://www.merriam-webster.com/dictionary/constitutionality |title=Definition of CONSTITUTIONALITY |access-date=2009-05-11 |url-status=live |archive-url=https://web.archive.org/web/20090425031213/http://www.merriam-webster.com/dictionary/constitutionality |archive-date=2009-04-25 )) "Webster On Line"</ref> the status of a law, a [[Procedural law|procedure]], or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are '''unconstitutional'''. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional.

== Applicability ==
An act or [[statute]] enacted as [[law]] either by a national [[legislature]] or by a subordinate-level legislature such as that of a [[state (administrative division)|state]] or [[province]] may be declared '''unconstitutional'''.

However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. 

When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. 

Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special [[constitution#constitutional courts|constitutional courts]] with authority to rule on the validity of a statute.

In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional. That can occur either because the country has no [[codification (law)|codified]] constitution that laws must conform to like in the [[United Kingdom]] and [[New Zealand]] or because the constitution is codified, but no court has the authority to strike down laws on the basis of it like in the [[Netherlands]] and [[Switzerland]].

In many jurisdictions, the [[supreme court]] or [[constitutional court]] is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional. Constitutions define the powers of government, Thus, national constitutions typically apply only to government actions. Only governments can then violate the nation's constitution, but there are exceptions.

== Examples of unconstitutional actions ==
<!--[[Unconstitutional]] and [[Unconstitutionality]] redirect here. If you rename or delete the section, please also update the redirects. -->

Unconstitutional actions include:

* Actions by politicians outside the powers of their constitutionally-established offices
* Actions on behalf of the government that prevent an individual from exercising constitutionally-protected individual rights

==See also==
* [[Constitutional law]]
* [[Judicial review]]
* [[Unconstitutional constitutional amendment]]

==References==
((Reflist))

((Authority control))

[[Category:Constitutional law]]


((constitutional-law-stub))

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Retrieved from "https://en.wikipedia.org/wiki/Constitutionality"