The process of throwing out a law because it is deemed unconstitutional is known as "judicial review." This power allows courts, particularly the Supreme Court in the United States, to evaluate the constitutionality of legislative and executive actions. When a law is ruled unconstitutional, it is considered null and void, meaning it cannot be enforced. This principle helps to uphold the rule of law and protect individual rights.
They are called "unconstitutional laws".
Judicial Branch
The legal concept or theory whereby a court declares a law unconstitutional is commonly called "judicial review." This was not so much established as confirmed by the US Supreme Court case Marbury v. Madison.
In the US, when congress eliminates a law this is called a repeal. When the Supreme Court finds a law unconstitutional, this is called "striking down" a law.
Nullification
The judicial branch can say if a law is unconstitutional.
Any practice or law that violates the constitution is unconstitutional.
A law that violates the constitution is said to be unconstitutional.
The Judicial Branch
No, an Appeals Court cannot 'find' a law unconstitutional. They might declare a law to be unconstitutional IN THEIR BELIEF, but they can only overturn the decision of the lower court and/or return it to them for further action or consideration. Only the U.S. Supreme Court can find a law unconstitutional.
Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional.
Yes, a law can be overridden if it is challenged as unconstitutional. If a court determines that a law violates the constitution, it can be declared invalid and unenforceable.