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Law of the land. The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. [1] It refers to all of the laws in force within a country or region, [2] [3] [4] [5] including statute law and case-made law. [6]
Learn the history and meaning of the phrase "law of the land" in constitutional law, with references to Magna Carta, due process, and state constitutions. Explore the procedural and substantive aspects of the guarantee against deprivation of life, liberty, or property.
Law of the land is the whole body of valid laws in a country or jurisdiction at a particular date. It is also synonymous with due process of law and traces its origins to the Magna Carta.
Learn how the Constitutional Convention debated and adopted the clause that made the U.S. Constitution the supreme law of the land and superior to all state laws. See the arguments, votes, and compromises of the delegates on this and other issues.
- British Ties. At the time of Confederation, Canada’s Constitution consisted of several acts of the British Parliament in London, England. The most important of these was the British North America Act (now called the Constitution Act, 1867).
- Pierre Trudeau and the Premiers. Generations of Canadian politicians had grappled unsuccessfully with the problem of constitutional change. Since the 1930s, a series of federal-provincial conferences had ended in failure when the prime minister and premiers could not agree on how the Constitution should be amended.
- What the Act Says: Parts 1–4. The first part of the Constitution Act, 1982 is the Canadian Charter of Rights and Freedoms. It prevents the federal, provincial and territorial governments from infringing on Canadian rights and freedoms.
- Part 5: The Amending Formula. The fifth part of the Constitution Act, 1982 contains the procedure for amending (changing) the Constitution. Most sections of the Constitution can be changed with approval from the Senate, the House of Commons and the legislatures of at least two-thirds (seven) of the provinces, so long as those provinces contain at least 50 per cent of Canada’s population.
Learn the meaning of law of the land, a term that refers to the established law of a nation or region. Find out how it differs from due process and see related entries and citations.
The phrase law of the land refers to the established legal principles and statutes that govern a country or jurisdiction. It embodies the rules and laws enacted by the legislative body and enforced by the judiciary to ensure order, justice, and the protection of rights. Law of the Land Explained. Historical Context:
