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Difficulty: Very hardThe British Constitution

The British constitution is described as 'uncodified,' meaning it is derived from multiple sources including Statute Law, Common Law, and Constitutional Conventions. If a newly passed Act of Parliament (Statute Law) directly contradicts a long-standing Constitutional Convention, what is the legal result?

  1. The Act of Parliament takes precedence because Statute Law is the supreme source of the UK constitution.Answer
  2. B
    The Constitutional Convention remains in force because it represents the historical foundation of the government's behavior.
  3. C
    The Monarch must use their prerogative powers to decide which source of the constitution should be followed.
  4. D
    The conflict is referred to the courts to be settled as a matter of Common Law, which is superior to all political acts.

Answer

The Act of Parliament (Statute Law) takes precedence over the Constitutional Convention because it is the supreme source of the UK constitution.
Statute Law, which consists of Acts of Parliament, is the supreme source of the UK's uncodified constitution. This means that if Parliament passes a law that goes against a tradition or a previous court ruling, the new law must be followed. Constitutional conventions are essential for the smooth running of government, but they are not legally binding rules that can override the sovereign power of Parliament.

Step-by-Step Solution

1
Identify the two conflicting sources of the constitution mentioned.
The sources are Statute Law (Acts of Parliament) and Constitutional Conventions.
Understanding which sources are being compared is the first step in determining legal priority.
2
Determine the legal status of Constitutional Conventions.
Conventions are traditional practices that are followed for political reasons but are not legally enforceable in court.
Knowing that conventions lack legal force explains why they cannot block formal laws.
3
Determine the legal status of Statute Law.
Statute Law consists of Acts of Parliament, which is the supreme legal authority in the United Kingdom.
Parliamentary sovereignty means that Parliament can make or unmake any law.
4
Apply the hierarchy of sources to resolve the conflict.
Since Statute Law is supreme, the new Act of Parliament overrides the tradition (convention).
The highest source of law always prevails in the event of a direct conflict in the UK system.

Key Concept

The hierarchy of sources in the uncodified British constitution and the supremacy of Statute Law.
Estimated Time:1m 30s
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Topics

The British Constitution

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