unconstitutional
C1Pronunciation
UK
- /ʌnkˌɒnstɪtjˈuːʃənəl/
US
- /ˌənˌkɑnstəˈtuʃənəl/
Description
- Not allowed by a constitution
- Against a country's highest law
- Breaking basic legal rights
Imagine a constitution as the main rulebook for how a country is governed. If a law or government action is unconstitutional, it means it breaks one of those basic rules. It is not just unfair or unpopular. It goes against the highest law of the country.
Think of it like a game with rules that everyone must follow. If someone makes a move that the rules do not allow, that move cannot stand. In the same way, courts can decide that a law or official action is unconstitutional. For example, a law that limits free speech or treats people unfairly under the law may be ruled unconstitutional.
The word unconstitutional describes a law, policy, decision, or government action that goes against a constitution. A constitution is the highest set of rules in a country or system of government, so calling something unconstitutional means it is not legally valid under those basic rules.
This does not simply mean something feels wrong or seems unfair. It means the action conflicts with rights, limits, or powers written into the constitution. These may include freedom of speech, equal treatment under the law, voting rights, a fair trial, or limits on what the government is allowed to do.
Whether something is unconstitutional is usually decided through the courts. A person, group, or institution may challenge a law or action, and judges then compare it with the constitution. If a court rules that it is unconstitutional, the law or action may be struck down, limited, or stopped from being enforced.
In the United States, this idea is closely linked to judicial review, which was firmly established in Marbury v. Madison (1803). Courts have used this power to reject laws that supported racial segregation, limited civil rights, or gave the government powers that went beyond constitutional limits.
So when you hear something described as unconstitutional, it signals a serious legal problem. It means the measure does not fit within the highest law of the land and therefore cannot be fully justified as a lawful use of government power.
Examples
- 1
Court ruling
The court ruled that the new tax was unconstitutional.
- 2
School policy
Several lawyers argued that the school’s search policy was unconstitutional.
- 3
Legal decision
Parts of the law were later struck down as unconstitutional.
Phrase
struck down
officially stopped by a court
- 4
Presidential order
Opponents say the president’s order is unconstitutional, but the Supreme Court has not reviewed it yet.
Forms and spellings
1 form open this card.
Main spelling
- unconstitutionaladjective