What does the term 'severance' imply in constitutional law remedies?

Prepare for the NCA Canadian Constitutional Law Exam with a range of engaging tools. This quiz features flashcards and multiple choice questions complete with hints and explanations. Boost your confidence and ready yourself for success!

Severance in constitutional law refers to the judicial process by which a court identifies and invalidates specific provisions of a statute that are unconstitutional while allowing the remaining valid parts of the statute to remain in effect. This approach ensures that the parts of the law that are operationally or substantively separate from the unconstitutional provisions can continue to function.

For instance, if a law contains one provision deemed unconstitutional—say, one that restricts free speech—courts may invalidate that specific provision but uphold other parts of the law that do not infringe upon constitutional rights. This helps maintain legislative intent and avoid completely nullifying a statute that still serves a useful purpose. In contrast, an overhaul of the entire legal framework or re-approval of all laws is unnecessary and impractical when only certain components are problematic, making the option of partial invalidation a more focused and effective remedy.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy