The notwithstanding clause is a provision in legislation that allows a law to operate despite conflicting legal rules, rights, or principles that might otherwise invalidate or limit it. It asserts legislative supremacy by letting a legislature override certain constitutional rights or laws temporarily. In Canada, the most notable example is Section 33 of the Canadian Charter of Rights and Freedoms, which permits Parliament or provincial legislatures to enact laws that override certain Charter rights for up to five years, with the possibility of renewal. This clause prevents courts from invalidating the law on the basis of those rights during that period. It is often described as a legislative "trump card" to clarify that a specific law or provision takes precedence even if it conflicts with constitutional protections or other laws. In contract law, a notwithstanding clause similarly indicates that a particular provision will prevail over conflicting contractual terms.

Key Points:

• The clause signals that a law will operate "notwithstanding" or regardless of any conflicting legal provisions.
• In Canada, it is used to temporarily override certain fundamental rights guaranteed by the Charter.
• It is typically limited in time (usually five years in Canada) and requires clear legislative intent.
• It functions as a way to balance parliamentary sovereignty with constitutional rights.
• In contracts, it clarifies priority where there are conflicting terms, ensuring specific provisions prevail.

This forms the general concept and application of the notwithstanding clause both in constitutional law and in contract drafting contexts.