Who can strike down a law?
Many constitutions rank above ordinary laws, but countries answer differently who enforces that ranking. Some have a special constitutional court. Some let every judge refuse to apply a law that breaks the constitution. Some combine the two, and a few give courts no such power at all.
Updated October 2026. Spotted a mistake? Tell us.
If a statute breaks the constitution, who has the power to set it aside?
A special constitutional court or council (70)
Every court can, with a top court having the last word (30)
Both: a constitutional court and every court (5)
Only the supreme court (or a chamber of it) (7)
Checked before the law is passed, not afterwards (2)
Courts cannot strike down laws (9)
Read this before you quote the map
- Real systems are mixed and change over time. Each country is placed in the group that fits its main feature, and some sit near a boundary.
- 'Can strike down' means in principle. In practice courts differ widely in how often they do it, and in how independent they are.
- Only countries we have checked are coloured. The rest are shown as not yet covered.
Sources
Cite this map
TheLawToKnow Tools. Legal World Maps: Who can strike down a law?. https://tools.thelawtoknow.com/legal-world-maps/who-can-strike-down-a-law.
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