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There's no formal procedure for this. Remember, the US Constitution is now the oldest constitution still in use. When it was created, the concept of judicial re
by bskap 13y ago
There's no formal procedure for this. Remember, the US Constitution is now the oldest constitution still in use. When it was created, the concept of judicial review wasn't really a thing. It wasn't until 15 years later, in the court case Marbury v Madison, that the precedent for a court ruling a law unconstitutional was established. The Supreme Court just sort of gave themselves that power and everyone else agreed to let them. It was never written down anywhere. The European countries already had seen this when they were rewriting their constitutions, so they have the concept baked in to the legal system.