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Book Review: The Effect of an Unconstitutional Statute
Borchard, Edwin
Borchard, Edwin
Abstract
In a country given to legislative experiment, poor draftsmanship and judicial review for constitutionality, many statutes are bound to be held unconstitutional. The varying meanings of the process of "declaring a statute unconstitutional" or unenforceable, the meaning of "unconstitutionality", the legal effect of the tainted statute or its defective part, and of the decision branding it, are the subject matter of this scholarly and effective book.