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Difficulty: HardThe British Constitution

The United Kingdom's constitution is described as 'uncodified' because it is drawn from various sources rather than a single document. Under the principle of Parliamentary Sovereignty, if a newly passed Act of Parliament (Statute Law) conflicts with an existing constitutional convention or a common law precedent, how is this conflict legally resolved?

  1. The Act of Parliament takes precedence as it is the supreme source of law in the United KingdomAnswer
  2. B
    The constitutional convention must be upheld because the 'unwritten' nature of the constitution protects traditional practices from legislative changes
  3. C
    The common law precedent remains the valid law until the UK adopts a single, codified constitutional document to resolve such discrepancies
  4. D
    The Monarch must exercise their royal prerogative to decide which source of law is most appropriate for the specific situation

Answer

The Act of Parliament (Statute Law) takes precedence because it is the supreme source of law in the United Kingdom.
The correct answer is correct because the UK operates under the principle of Parliamentary Sovereignty. This means that Acts of Parliament (Statute Law) are the supreme source of law and take precedence over all other sources, including constitutional conventions and common law precedents.

Step-by-Step Solution

1
Identify the sources of the British Constitution mentioned
The sources include Statute Law (Acts of Parliament), Common Law (court precedents), and Constitutional Conventions (traditions).
Understanding that the constitution is uncodified requires identifying its multiple components.
2
Apply the principle of Parliamentary Sovereignty
Parliament is the supreme legal authority in the UK and can create or unmake any law.
This principle establishes the hierarchy where Statute Law is at the top.
3
Determine the outcome of the conflict
The newly passed Act of Parliament overrides the convention or common law precedent.
Because Statute Law is the highest form of law, it automatically takes precedence in any legal conflict within the UK system.

Key Concept

Parliamentary Sovereignty and the Hierarchy of Constitutional Sources
Estimated Time:2m 0s
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Topics

The British Constitution

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