Unconstitutional Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Unconstitutional, written in plain English, along with examples of how it is used.
What is Unconstitutional?
(Adj) The constitution is the framed law under which a democratic setup is functioning. Unconstitutional means the law, act, contract or declarations which are contrary to the provisions set in the constitution. For example the constitution disclaim disparity among human races. So if any statute or act limits its scope to or against certain race or class of people is treated as Unconstitutional
History and Meaning of Unconstitutional
The term "unconstitutional" refers to anything that violates the fundamental principles set forth in a country's constitution. The concept of unconstitutional actions dates back to the establishment of democratic societies based on a written constitution. A written constitution places limits on the power of the government and outlines fundamental rights granted to all citizens.
Examples of Unconstitutional
- A law that prohibits freedom of speech or freedom of religion would be considered unconstitutional since both of these rights are protected by the First Amendment of the US Constitution.
- Any governmental action that violates the Fourth Amendment's protection against unreasonable searches and seizures would be considered unconstitutional.
- An executive order that violates provisions of the constitution would be considered unconstitutional. For example, if the executive order limits the freedom of the press or restricts the right to assemble peacefully.
Legal Terms Similar to Unconstitutional
- Illegal: acts which are prohibited by law or not authorized by law.
- Unlawful: acts that are against the law, prohibited by law or violates the legal rights of others.
- Invalid: an act or process is illegal or null and void from the beginning.