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Difficulty: Very hardStatute Law (Acts of Parliament)

In the context of the UK's uncodified constitution, consider a scenario where a newly passed Act of Parliament directly contradicts a long-standing principle established through historical judicial precedents. In such a conflict of authority, what is the resulting legal status of the Common Law principle?

  1. The principle of Common Law is overruled because Statute Law is the supreme source of legal authority within the UK constitutional framework.Answer
  2. B
    The principle of Common Law maintains its authority because it represents the foundational precedents that all subsequent legislation must respect.
  3. C
    The principle of Common Law remains in force unless the Monarch explicitly issues a Royal Decree to repeal the specific judicial precedent.
  4. D
    The principle of Common Law takes precedence because the 'unwritten' nature of the constitution prevents written statutes from altering established traditions.

Answer

The principle of Common Law is overruled because Statute Law is the supreme source of legal authority within the UK constitutional framework.
Statute Law, which consists of Acts of Parliament, is the supreme source of law in the United Kingdom. Under the principle of Parliamentary Sovereignty, an Act of Parliament can change any previous law, including long-standing Common Law principles or even other Acts of Parliament. When such a conflict occurs, the newer Statute Law always takes precedence.

Step-by-Step Solution

1
Identify the sources of law in conflict.
The scenario involves Statute Law (Acts of Parliament) and Common Law (judicial precedents).
Understanding the interaction between different constitutional sources is key to determining legal hierarchy.
2
Apply the principle of Parliamentary Sovereignty.
Parliament is the supreme legal authority in the UK.
The doctrine of Parliamentary Sovereignty ensures that Parliament can make or unmake any law.
3
Determine the hierarchy between Statute Law and Common Law.
Statute Law takes precedence over Common Law.
Since Statute Law is the highest form of law, it can codify, modify, or completely overrule any common law principle.

Key Concept

Parliamentary Sovereignty and the Supremacy of Statute Law

Alternative Method

Consider the term 'Parliamentary Sovereignty'—if Parliament is sovereign, it must be able to overrule any other source of law.
Estimated Time:1m 30s
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Topics

Statute Law (Acts of Parliament)

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