PRESUMPTION OF CONSTITUTIONALITY

About:

• The term ‘presumption of constitutionality’ is a legal principle that is used by courts during statutory interpretation — the process by which courts interpret and apply a law passed by the legislature, such as Parliament.
  
  
• It is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated.
  
  
• The presumption is not absolute, however, and does not stand when there is a gross violation of the Constitution. There are limitations to the doctrine.