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Yes - assuming it is within that courts jurisdiction to deal with that law. They are more likely however to declare specific sections invalid, as usually the case before them will not deal with the whole act. (Remember - judges are there to settle the dispute in front of them, if their case neednt reference a section, they wont touch it)
What else can I help you with?
Did the Supreme Court declare common law invalid?
No, not in the United States. Supreme Court decisions create common law.
What is the supreme courts ability to declare a law unconstitutional?
Checks and balances
What principle states that a state government can declare a federal law invalid within the state's borders?
Nullification
Can an arbitrator declare a law unconstitutional?
No, that is a power reserved for the courts of the Judicial Branch.
Can the high court of australia declare a law to be invalid?
Yes the high court can declare a law to be invalid only after fair trial and the reasoning behind such a move is that the decree is unconstitutional to Australia. The best example of this case of Tasmania v The Commonwealth, better known as the Tasmanian Dams Case. In this case the Commonwealth implemented legislation preventing the construction of the Franklin Dam. Tasmania contested this law in the High Court saying that it was unconstitutional. It was ruled that the law was valid under the constitution (section 51), so change was not enforced by the court. Such examples demonstrate a process like the one asked about in the above asked question.
Who can declare a law unconstitutional?
In the United States, the power to declare a law unconstitutional lies with the judicial branch of government, specifically the federal courts, including the Supreme Court.
Can a state governor declare a stat law unconstitutional?
No, a state governor does not have the authority to declare a state law unconstitutional. The power to interpret the constitutionality of laws is vested in the judicial branch, specifically the state courts. While a governor can challenge a law or advocate for its repeal, only the courts can rule on its constitutionality.
What power did marbury vs Madison give to the courts?
The power to declare a law unconstitutional (Judicial Review).
Which branch can declare legislaton unconstitutional?
The judicial branch has the authority to declare legislation unconstitutional. This power is exercised through judicial review, where courts assess laws against the constitution to ensure they comply with constitutional provisions. If a law is found to violate the constitution, the courts can invalidate it, effectively rendering it unenforceable.
What did the supreme courts decision in case of marbury vs. Madison do for the supreme court?
In the famous Marbury vs. Madison case in 1803, the US Supreme Court ruled that it had the power of judicial review. This entailed that the Court has the power to determine if a bill passed by Congress and signed into law by the President is in accordance with the US Constitution. By its own power the Court could either declare a law valid and thus "Constitutional" or if invalid, to be reversed.
What does it mean to strike down a law and what are the implications of such action?
To strike down a law means to declare it invalid or unconstitutional. The implications of such action can vary depending on the specific law and its impact. It can lead to changes in how society operates, affect individual rights, and potentially create legal uncertainty.
Article III?
This article established the Supreme Court and authorizes Congress to establish lower federal courts. The types of cases the courts have jurisdiction over are given, and a provision is made for the right to trial by jury. While not specifically stated, the power of the courts to declare a law unconstitutional is implied.
