The Role of the Judiciary in a Democratic Society
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Notably, a statute does not automatically disappear merely as a result of it has been found unconstitutional; it may, however, be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they had been ruled to be unconstitutional. However, under the principle of stare decisis, a decrease court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court docket that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. That holding wasn’t informative of the Copyright…Continue Reading
