Supremacy Of The Constitution
- IJLLR Journal
- Apr 17
- 2 min read
Abhay Rawat, Amity Law School, Amity University Lucknow Campus
Ms. Aradhana Yadav, Assistant Professor at Amity Law School, Amity University Lucknow Campus
ABSTRACT
The concept of constitutional supremacy establishes the constitution as the highest legal authority within a political system, ensuring that all laws, policies, and governmental actions are consistent with its provisions. It signifies that the constitution serves as the foundation for the structure and operation of the government, defining the separation of powers, fundamental rights, and the rule of law. In a system governed by constitutional supremacy, all branches of government, including the legislature, executive, and judiciary, are bound by the constitution. This principle guarantees that any law or action conflicting with the constitutional framework can be declared invalid by the judiciary, reinforcing the system of checks and balances. The supremacy of the constitution also safeguards the rights and liberties of citizens by limiting the arbitrary exercise of power. It ensures that no authority, regardless of its political or social standing, is above the constitution. In countries such as India and the United States, constitutional supremacy has been upheld through judicial review, where courts play a crucial role in interpreting and protecting the constitution. This framework establishes a stable legal environment, ensuring consistency, fairness, and accountability in governance. Furthermore, constitutional supremacy reinforces the democratic process by empowering citizens to challenge unconstitutional acts and seek legal remedies. It also reflects the collective will of the people, as the constitution is often a product of democratic consensus. Thus, constitutional supremacy not only protects the integrity of the legal system but also promotes political stability and the protection of human rights.
Keywords: Constitutional supremacy, rule of law, judicial review, separation of powers, democratic process, legal framework, human rights.
