Supremacy of the Constitution
The principle that the Constitution is the highest law in South Africa and law or conduct inconsistent with it is invalid.
Definition
Supremacy of the Constitution matters when legislation, public power, policy, administrative action, procurement, criminal process, or another exercise of authority may conflict with constitutional rights or limits. The practical review should identify the law or conduct being challenged, decision-maker, constitutional issue, record, reasons, internal remedies, urgency, affected parties, and whether review, appeal, declaratory relief, or another route fits.
Key takeaways
The principle that the Constitution is the highest law in South Africa and law or conduct inconsistent with it is invalid.
Constitutional Law
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Constitutional challenge
Public power dispute
Administrative review
Related resources
Resources and guides
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Human Rights Evidence Pack: organise Incident timeline, Photos, Messages and a dated evidence index before your consultation.
Human RightsClient Document PackCivil Litigation Consultation Pack
Civil Litigation Consultation Pack: prepare Summons, Notice of motion, Pleadings and identify missing records before legal advice.
Civil ProcedureChecklistAdministrative Review Checklist
Administrative Review Checklist for preparing documents, facts, dates, and questions connected to administrative law.
Administrative LawFAQs
Supremacy of the Constitution FAQs
What does Supremacy of the Constitution mean?
The principle that the Constitution is the highest law in South Africa and law or conduct inconsistent with it is invalid.
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