Lexipedia

Constitutional supremacy

The idea that the constitution is the highest domestic legal norm and that public power must conform to its structure, rights, and limits.

Constitutional supremacy means that legislation, executive action, and public administration derive authority from the constitution and must respect its allocation of powers and protection of rights. In Switzerland the principle is shaped by federalism, direct democracy, and particular limits on judicial review of certain federal legislation, making supremacy institutionally distinctive. The constitution remains the framework for legality, democratic legitimacy, fundamental rights, and cantonal-federal relations. Comparatively, some systems empower constitutional courts to invalidate statutes more broadly, while others rely more on political and interpretive controls.

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