Paramountcy

The doctrine of paramountcy is the legal principle that reconciles contradicting or conflicting laws in a federalist state, where both the central government, and the provincial or state governments, have the power to create laws in relation to the same matters. In a case where both central and state law exist, central laws will be given priority over state laws through the doctrine of supremacy. This is usually applied in cases of indirect rule.

See also

Paramountcy (Canada)

In Canadian constitutional law, the doctrine of paramountcy establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised.

Nature of the doctrine

Paramountcy is relevant where there is conflicting federal and provincial legislation. As Major J explained in Rothmans:

Claims in paramountcy may arise from two different forms of conflict: