Constitutional supremacy

Definition

Constitutional supremacy is the principle that the Constitution is the highest law of the land, and all laws, policies, and actions by government must align with it. This concept ensures that no law or government action can override the constitutional framework, which is crucial for protecting individual rights and maintaining the rule of law.

5 Must Know Facts For Your Next Test

1. Constitutional supremacy became a cornerstone of Canadian governance after the Constitution Act, 1982, which incorporated the Charter of Rights and Freedoms.
2. Under constitutional supremacy, any law that contradicts the Constitution can be struck down by courts through judicial review.
3. This principle plays a vital role in protecting minority rights against the will of the majority, ensuring that individual freedoms are upheld.
4. The Charter not only guarantees rights but also allows for reasonable limits on those rights, as long as such limitations can be justified in a free and democratic society.
5. Constitutional supremacy has been tested through various landmark Supreme Court cases that have interpreted and enforced the Charter, significantly impacting Canadian law.

Review Questions

• How does constitutional supremacy affect the relationship between Canadian laws and individual rights?
  • Constitutional supremacy establishes that all Canadian laws must comply with the Constitution, which includes the Charter of Rights and Freedoms. This means that if a law infringes on an individual's rights as outlined in the Charter, it can be challenged in court and potentially struck down. This relationship is essential for ensuring that individual freedoms are protected from unjust laws or government actions.
• In what ways has constitutional supremacy been reinforced through judicial decisions in Canada?
  • Judicial decisions have reinforced constitutional supremacy by interpreting the Charter of Rights and Freedoms in various landmark cases. The Supreme Court has ruled on cases involving freedom of expression, equality rights, and other critical issues, establishing precedents that require all laws to align with constitutional principles. These decisions demonstrate how courts play an active role in upholding constitutional supremacy by ensuring that government actions do not violate fundamental rights.
• Evaluate the implications of constitutional supremacy for Canadian society, particularly concerning minority rights and government power.
  • Constitutional supremacy has profound implications for Canadian society as it protects minority rights against potential abuses by the majority. By ensuring that all laws are subject to constitutional scrutiny, it prevents any government from overstepping its authority or enacting discriminatory policies. This dynamic encourages a more inclusive society where individual freedoms are safeguarded, while also holding government power accountable to the Constitution, ultimately promoting a healthier democracy.

Related terms

Charter of Rights and Freedoms: A part of the Canadian Constitution that guarantees fundamental rights and freedoms to all Canadians, including freedom of expression, right to a fair trial, and equality rights.

Judicial Review: The process by which courts examine the actions of the legislative and executive branches to ensure they comply with the Constitution.

Constitution Act, 1982: An act that patriated the Canadian Constitution from Britain and introduced the Charter of Rights and Freedoms, solidifying constitutional supremacy in Canada.