Define: Strike Down

When a law is “struck down,” it means that a court has declared the law to be unconstitutional and therefore invalid. The law can no longer be enforced.

The authority to strike down a law lies with the judiciary branch of the government, specifically the courts. This power is typically exercised by higher courts, such as the Supreme Court, in response to legal challenges.

A law can be struck down if it violates the provisions of the constitution, including individual rights and freedoms. It can also be invalidated if it exceeds the authority granted to the legislative body that enacted it.

Generally, any court with jurisdiction over the matter can potentially strike down a law. However, the higher the court’s authority, the more significant the impact of the decision. Higher courts’ rulings often have broader implications and can set legal precedents.

Yes, a court can strike down only certain provisions or parts of a law while leaving the rest intact. This is known as “severability.” The court will determine if the remaining parts of the law can still function independently without the unconstitutional provisions.

Yes, a court can strike down a law retroactively, meaning it can declare the law invalid from the time it was enacted. This can have implications for individuals who were previously convicted or penalized under the now-invalid law.

In some cases, a law can be reinstated if the government addresses the constitutional issues raised by the court. The legislative body can amend the law to comply with the constitution and reintroduce it for enforcement.

No, a law cannot be directly struck down by popular vote. The power to strike down a law lies solely with the judiciary branch. However, citizens can challenge a law’s constitutionality in court, which may lead to its eventual invalidation.

The executive branch, typically headed by the president or governor, does not have the authority to strike down a law. Their role is to enforce and implement laws passed by the legislative branch. Only the judiciary branch can declare a law unconstitutional.

When a law is struck down, it becomes unenforceable. The government and relevant authorities must cease enforcing the law and may need to take corrective actions, such as releasing individuals previously convicted under the law or refunding fines or penalties imposed.