Ordre Public

Ordre Public refers to the principles and norms that are considered crucial for maintaining the peace and security of society and its moral fabric. It serves as a limit on individual rights and freedom to ensure that private law agreements do not contravene public interest or societal values.

The concept of Ordre Public has its roots in French law but has been adopted in various forms across many legal systems, especially in civil law jurisdictions. Historically, it evolved to address the need for a balance between private rights and the collective interests of society.

In modern law, Ordre Public is invoked to invalidate contracts, agreements, or actions that are contrary to public order or morality. It is often applied in cases such as labor relations, family law, and criminal law where private agreements cannot undermine societal standards.

• A contract that involves illegal activities is void as it violates ordre public.
• Marriage contracts that impose unacceptable obligations or conditions contrary to family law norms may be declared invalid.

• R v. H(2016) - A case discussing the limits of contractual freedom within the context of public policy.