6.2 Presumption of Constitutionality of a Statute

The presumption: every statute presumed constitutional (the legislature's duty-compliance presumed — the co-ordinate branch's respect); the consequences: the interpretation-that-saves (the court's duty to construe the Act, if possible, as the valid (the reading-down's craft — Unit 4.7)); the presumption's rebuttal (the unconstitutionality's clear demonstration — the burden on the challenger); the limits: the presumption is NOT the unconstitutionality's bar (the clear violation's duty to strike — the judicial review's essence); the Nepal craft (the challenge-litigation's discipline: the "the statute's validity first-assumed" practice; the harmonious-and-saving constructions' use (Unit 4.4's kinship)).