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One function of legal rules is to create the legal positions that citizens hold and, perhaps, challenge as unconstitutional.
Democracies may experience typically more constitutional government transfers than dictatorships, and dictatorships may have more unconstitutional government changes than democracies.
They agreed that the ordinance is unconstitutional, but because it is over-broad.
However, those problems only create justiciable controversies when they have an unconstitutional impact on somebody.
Indeed, in large numbers of cases in which self-defensive deadly force is justified, capital punishment would be unconstitutional.
And if the appellate court, in turn, neglected to invalidate the law, an even higher court would intercede to invalidate the unconstitutional act.
The new justices have also ruled that compulsory affiliation to chambers of commerce and industry is unconstitutional.
Optionality means that legislators can legitimately switch back and forth between valid rules, at least if the legislators lack an unconstitutional purpose in doing so.
In contrast, rulings that declare government acts unconstitutional suggest that the judiciary is an effective check.
Or are they unconstitutional on the rationale that the state may not be permitted to accomplish indirectly what it could not do directly?
This specification of the concept of an unconstitutional "scenario" follows from the "state action" doctrine, discussed infra text accompanying note 53.
Accordingly, each of the challenged districts was struck down as unconstitutional.
A legal argument asserting delegative laws and necessity and urgency decrees to be unconstitutional was interpreted as disastrous for the future of the economic plan.
This period was characterised from the outset by the hegemony of the army, unconstitutional government, a state of emergency and incipient terror.
A temporary court injunction resulted from a legal challenge which was ruled unconstitutional nine months later.
