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The Effect of an Unconstitutional Statute

Author:

Oliver P. Field

The Effect of an Unconstitutional Statute

This thorough study shows that the courts do not hold, though they often so say, that an unconstitutional statue is void in the sense that it never has any effect upon legal relations. Professor Field says, “In some instances all courts, federal and state, decide cases by giving effect to unconstitutional statutes, and giving effect to them directly, as such, for the case under consideration; in other instances all courts agree that effect shall be given to such statutes by use of other legal rules or doctrines, such as estoppel, de facto [officer or corporation] or clean hands in equity.” ...

...The professional lawyer will fin substantial aid in the full discussion and abundant citation of decisions, while the student of government will find much light upon the harmful workings of judicial review of legislation, and suggestion for amelioration. -Dudley O. McGovney, Univeristy of California

-JSTOR: California Law Review, Vol. 23, No. 5 (Jul., 1935), pp. 542-544

The Effect of an Unconstitutional Statute

Oliver P. Field was a professor of Political Science at the University of Minnesota.

The Effect of an Unconstitutional Statute

This thorough study shows that the courts do not hold, though they often so say, that an unconstitutional statue is void in the sense that it never has any effect upon legal relations. Professor Field says, “In some instances all courts, federal and state, decide cases by giving effect to unconstitutional statutes, and giving effect to them directly, as such, for the case under consideration; in other instances all courts agree that effect shall be given to such statutes by use of other legal rules or doctrines, such as estoppel, de facto [officer or corporation] or clean hands in equity.” ...

...The professional lawyer will fin substantial aid in the full discussion and abundant citation of decisions, while the student of government will find much light upon the harmful workings of judicial review of legislation, and suggestion for amelioration. -Dudley O. McGovney, Univeristy of California

-JSTOR: California Law Review, Vol. 23, No. 5 (Jul., 1935), pp. 542-544