notwithstanding clause
The "notwithstanding clause" allows specific laws or provisions to operate despite potential conflicts with other laws or constitutional rights, and is notably used in the Canadian Charter of Rights and Freedoms.
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Definition
C1Legal Documents
(technical)A provision allowing a section to apply even if it conflicts with other sections in the same document.
Example
- The contract includes a notwithstanding clause to ensure this provision takes precedence over others.
C2Canadian Law
(technical, national)A section of the Canadian Constitution permitting federal or provincial laws to override certain Charter rights for up to five years.
Example
- The government invoked the notwithstanding clause to pass the new legislation despite potential conflicts with the Charter.
C1Legislation
(technical)A clause that ensures new laws take precedence over existing conflicting laws.
Example
- The bill includes a notwithstanding clause to address any conflicts with current state laws.
Similar
Terms that have similar or relatively close meanings to "notwithstanding clause":