Legal Definition Of Notwithstanding Clause7 min read
A notwithstanding clause is a legal term that is used to describe a specific type of clause that can be used to override certain laws or provisions. A notwithstanding clause is also known as a notwithstanding power or a reservation of power.
A notwithstanding clause is a specific type of clause that is found in a statute or constitution. The clause is used to allow the government to override certain laws or provisions that would normally apply. The clause is usually used in emergency situations, or when the government needs to take action that is not allowed by the existing laws.
The use of a notwithstanding clause is controversial, as it can be used to bypass the normal democratic process. However, the clause can be an important tool for the government to use in emergency situations.
There are a few key things to know about notwithstanding clauses. First, the clause can only be used to override certain laws or provisions. Second, the clause must be specifically mentioned in the statute or constitution. Third, the government must have the power to override the laws or provisions in question.
Finally, notwithstanding clauses can be controversial, as they can be used to bypass the normal democratic process.
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What does notwithstanding mean legally?
What does notwithstanding mean legally? It is a term that is used in legal documents and has a specific meaning. In general, it means to ignore or to go against. In the legal context, it is used to describe a situation where a law or a decision made by a court is not followed. This can be done by a government or by an individual. In order for a government to use the notwithstanding clause, it must be included in the Constitution. This allows the government to override a law or a court decision, even if it is contrary to the Constitution. This power is controversial and has been used sparingly in Canada.
What does it mean to say something notwithstanding?
What does it mean to say something notwithstanding? In essence, it means that the speaker is expressing a sentiment or opinion that is contrary to what has been said or implied by someone else, despite the fact that the speaker may be aware of this. It can be seen as a way of asserting oneself, or of indicating that one does not agree with the views of others.
There are a few different ways in which the phrase can be used. For example, it can be employed as a form of challenge or defiance – for instance, in response to someone who has accused the speaker of doing something wrong. It can also be used to emphasize the speaker’s independence of mind, or to show that they are not afraid to stand up for their beliefs, even in the face of opposition.
Interestingly, notwithstanding can also be used as a way of smoothing over potentially difficult situations. For example, if two people have different opinions on a topic, one of them might say notwithstanding to show that they are still willing to engage with the other person, and to continue the discussion.
Ultimately, notwithstanding is a versatile phrase that can be used in a number of different ways. It is often seen as a sign of strength and resilience, and can be an effective way of asserting oneself in a conversation or argument.
Does Notwithstanding mean regardless?
Does Notwithstanding mean regardless?
The answer to this question is yes and no. The word notwithstanding can have multiple meanings, but one of its most common definitions is “in spite of.” This means that something will happen regardless of anything else that might be happening.
However, the word notwithstanding can also mean “despite.” This means that something will happen despite any other factors that might be at play.
When it comes to the word notwithstanding, it is important to understand the context in which it is being used. If you are not sure what the word means, it is always best to ask for clarification.
What does Notwithstanding anything to the contrary in this agreement mean?
When you sign a contract, you agree to everything in it, right? Well, not always. Sometimes, you can use a clause called “notwithstanding anything to the contrary in this agreement” to override specific parts of the contract.
This clause is often used to protect the interests of the party who is using it. For example, if you’re a tenant and your landlord tries to evict you illegally, you can use the notwithstanding clause to protect yourself.
It’s important to note that this clause can’t be used to override everything in the contract. It can only be used to override specific parts of the contract that are harmful to the party using the clause.
What is the purpose of notwithstanding clause?
The notwithstanding clause is a provision in the Constitution of Canada that allows the provincial legislature to override certain provisions of the Constitution, including the Charter of Rights and Freedoms. The purpose of the notwithstanding clause is to protect the rights of Canadians, even if the Charter is violated. The notwithstanding clause can only be used for a limited period of time, and it can be overruled by the courts.
How do you use notwithstanding?
Notwithstanding is a legal term that is used in a variety of situations. It has a specific meaning in legal contexts, but can also be used in everyday speech. Here is a guide to how notwithstanding is used, and when it might be appropriate.
What does notwithstanding mean?
Notwithstanding has a precise legal meaning, which is different from its use in everyday speech. In legal contexts, it refers to a specific type of legal override. This allows a law to be applied even if it is in contravention of another law.
When might you use notwithstanding?
There are a few situations in which it might be appropriate to use notwithstanding. For example, if a law is passed that goes against your rights, you can use a legal override to continue to exercise those rights. You might also use notwithstanding in a contract negotiation, if one party wants to make a concession that is in contravention of another party’s rights.
Notwithstanding can also be used in less formal situations. For example, if you are arguing with someone and they make a statement that you think is wrong, you might say “notwithstanding, I disagree”. This usage of notwithstanding is less precise than its legal meaning, but it is still useful for indicating that you do not accept something that has been said.
When should notwithstanding be used?
When should notwithstanding be used?
Notwithstanding is a parliamentary term that is used to override other parliamentary procedures. It can be used to allow a bill to pass despite opposition, or to allow a bill to be discussed despite a filibuster.
The notwithstanding clause is a section of a bill that allows the bill to pass despite opposition. The clause can be used to overrule a veto, or to allow a bill to pass despite opposition from the opposition benches.
The notwithstanding clause is also known as the override clause, the override power, or the override provision.
The notwithstanding clause is a section of a bill that allows the bill to pass despite opposition. The clause can be used to overrule a veto, or to allow a bill to pass despite opposition from the opposition benches. The clause is also known to be used to allow a bill to be discussed in the legislature even if there is a filibuster.
The notwithstanding clause is a section of a bill that allows the bill to pass despite opposition. The clause can be used to overrule a veto, or to allow a bill to pass despite opposition from the opposition benches. The clause is also known to be used to allow a bill to be discussed in the legislature even if there is a filibuster. The notwithstanding clause is a section of a bill that allows the bill to pass despite opposition. The clause can be used to overrule a veto, or to allow a bill to pass despite opposition from the opposition benches. The clause is also known to be used to allow a bill to be discussed in the legislature even if there is a filibuster.