Oliver p field 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 . The effect of an unconstitutional statute charles p wilhelm west virginia university follow this and additional works at https researchrepositorywvuedu wvlr part of the constitutional law commons recommended citation charles p wilhelm the effect of an unconstitutional statute 41 w va l rev 1935. The effect of an unconstitutional statute becomes of importance at two points in the law of public officers 1 in connection with official status involving the doctrines concerning de facto officers and 2 in connection with the liability of officers for action or non action under an invalid statute. Effect of unconstitutional statute simply a statute in form is not a law and under every circumstance or condition lacks the force of law in accord with this doctrine that a statute which is declared un constitutional is void ab initio it has been held that a person accused
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