Supremacy of the constitution.

Supremacy of the constitution

  • Supremacy of the Constitution is a constitutional concept which confirms that the constitution is the most authoritative legal instrument in the land.
  • The Constitution is the supreme source of law of the land. All other sources of law derive their supremacy from the constitution and are therefore required to be consistent with all provisions of the Constitution.
  • Any source of law that is inconsistent with the Constitution is null and void to the extent of its inconsistency.
  • Article 2 of the Constitution dictates that the Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
  • No person may claim or exercise State authority except as authorized under the Constitution.
  • The Constitution is also supreme since it outlines the governing structure of a country and defines the various organs of the government.
  • It gives the functions of the various arms of the government and clearly indicates the separation of powers.
  • The Constitution establishes highest office in the land i.e. office of the president and grants the occupant power of head of state and Government.
  • The Constitution provides the fundamental rules and freedoms individual and guarantees their protection.
  • It provides procedure of its amendment within itself.
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