Examkin

Question

Difficulty: HardThe British Constitution

The British constitution is uncodified and derived from multiple sources, including Statute Law, Common Law, and Constitutional Conventions. In a situation where a long-standing principle of Common Law directly conflicts with a newly enacted Act of Parliament, which of the following best describes the constitutional outcome?

  1. The Act of Parliament (Statute Law) takes precedence and overrules the Common Law principle.Answer
  2. B
    The Common Law principle remains supreme as it forms the historical foundation of the UK legal system.
  3. C
    Constitutional Conventions are used as the primary legal authority to resolve conflicts between different sources of law.
  4. D
    The Monarch must exercise the Royal Prerogative to decide which source of law is most appropriate for the case.

Answer

The Act of Parliament (Statute Law) takes precedence and overrules the Common Law principle.
The correct answer is correct because the United Kingdom operates under the principle of parliamentary sovereignty. This means that Statute Law (Acts of Parliament) is the supreme source of law. If an Act of Parliament is passed that contradicts a principle of Common Law (laws developed by judges through history), the Act of Parliament takes precedence and becomes the new law.

Step-by-Step Solution

1
Identify the two sources in conflict: Statute Law (Acts of Parliament) and Common Law (judicial precedents).
Two distinct sources of the uncodified UK constitution are being compared.
Understanding the different sources is the first step in determining their relationship.
2
Apply the core constitutional principle of Parliamentary Sovereignty.
Parliament is recognized as the supreme legal authority in the United Kingdom.
This principle defines the hierarchy of laws in the UK's constitutional structure.
3
Determine the outcome of the conflict based on this hierarchy.
The written legislation passed by Parliament (Statute Law) automatically overrides unwritten or judicial sources like Common Law.
Statute Law is the highest form of law in the UK.

Key Concept

Parliamentary Sovereignty and the Hierarchy of Constitutional Sources
Estimated Time:2m 0s
Rate this question

Topics

The British Constitution

More questions from this topic