Notwithstanding Clause

Ovide Sun

Ovide Sun

by Shaoxuan (Ovide) Sun -
Number of replies: 0
From my viewpoint, governments should have the ability to override the authority of Provincial Courts in enacting their legislation. I believe this grants elected officials the necessary flexibility to enact laws that promote public policy goals, especially in cases where there's a discrepancy between the government's intentions and the courts' interpretation of the law. Additionally, it upholds the principle of legislative supremacy, allowing elected representatives to act in the best interests of their constituents. However, the use of the Notwithstanding Clause undermines the constitutional objective of safeguarding individual rights from government overreach. In this regard, it weakens the separation of powers and the rule of law, potentially leading to abuses of authority and infringements upon citizens' rights.