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Difficulty: MediumStatute Law (Acts of Parliament)

In the United Kingdom's constitutional framework, when a new law passed by Parliament (Statute Law) conflicts with a legal principle established through previous court decisions (Common Law), how is this conflict resolved?

  1. The Act of Parliament takes precedence and the Common Law principle is changed or overruled.Answer
  2. B
    The Common Law principle remains the primary authority because it is based on long-standing historical precedent.
  3. C
    The Monarch must issue a Royal Decree to determine which of the two legal sources should be applied to the case.
  4. D
    The legal conflict remains unresolved because the UK lacks a single, written document to define the hierarchy of laws.

Answer

The Act of Parliament takes precedence and the Common Law principle is changed or overruled.
The correct answer is correct because under the UK's constitutional principle of Parliamentary sovereignty, Statute Law is the highest form of law. When Parliament passes an Act, it becomes the formal, written law of the land, and it has the power to override, amend, or replace any existing Common Law principles or previous judicial precedents.

Step-by-Step Solution

1
Identify the two sources of law mentioned.
The sources are Statute Law (written laws passed by Parliament) and Common Law (laws developed by judges).
Understanding the origins of the laws is the first step in determining their relationship.
2
Apply the principle of the hierarchy of laws in the UK constitution.
Statute Law is the supreme source of law in the UK's uncodified constitution.
The principle of Parliamentary sovereignty means that laws passed by Parliament can change any other form of law.
3
Determine the outcome of the conflict.
The new Act of Parliament overrides the existing Common Law rule.
Because Statute Law is higher in the legal hierarchy, it takes precedence in cases of contradiction.

Key Concept

Statute Law Supremacy
Estimated Time:45s
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Topics

Statute Law (Acts of Parliament)

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