NOTWITHSTANDING CLAUSE Meaning and
Definition
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The "notwithstanding clause" refers to a constitutional provision that grants certain jurisdictions the power to override or set aside specific sections of a constitution or bill of rights, thereby exempting them from legal obligations or restrictions imposed by those provisions. It is often utilized as a means to protect or safeguard policies or laws that may potentially conflict with fundamental rights or freedoms outlined in a constitution.
The term "notwithstanding clause" can vary in terminology depending on the legal system and jurisdiction, but generally, it signifies a provision that allows lawmakers to enact legislation that would otherwise be deemed unconstitutional based on rights such as freedom of expression, equality, or other protected liberties. By invoking this clause, lawmakers effectively suspend the application of the specific provisions being set aside.
The inclusion of a notwithstanding clause in a constitution or bill of rights is typically a result of political negotiations, where compromises are made to balance the protection of individual rights with other societal interests or concerns. Often, the purpose of such a clause is to afford flexibility to lawmakers or governments in extraordinary or exceptional circumstances, without resorting to full-scale constitutional amendment.
While the use of a notwithstanding clause enables jurisdictions to enact legislation that might otherwise be constitutionally invalid, it is not without controversy. Critics argue that it can undermine the purpose of a constitution or bill of rights by allowing temporary derogation from fundamental rights, potentially leading to abuses of power or erosion of civil liberties. Nevertheless, the notwithstanding clause remains an important tool in constitutional law for balancing competing interests and maintaining the flexibility necessary for democratic governance.
