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Difficulty: Very hardThe British Constitution

The British constitution is famously described as "uncodified," meaning it is drawn from multiple sources rather than a single document. Given this structure, if a new Act of Parliament (Statute Law) directly conflicts with a long-standing, traditionally observed Constitutional Convention, which of the following best describes the legal outcome within the UK's constitutional framework?

  1. The Act of Parliament takes legal precedence because Statute Law is the highest form of law and can override any other constitutional source.Answer
  2. B
    The Constitutional Convention prevails because it represents the fundamental traditions that define the limits of parliamentary power.
  3. C
    The conflict cannot be resolved legally because the lack of a single written document means there is no established hierarchy between different sources.
  4. D
    The reigning Monarch must exercise their political authority to determine which source should be followed in that specific instance.

Answer

The Act of Parliament takes legal precedence because Statute Law is the highest form of law and can override any other constitutional source.
The correct answer identifies that Statute Law is the supreme source of the UK constitution. Under the principle of Parliamentary Sovereignty, an Act of Parliament can change or override any other source of the constitution, including common law and constitutional conventions.

Step-by-Step Solution

1
Identify the types of constitutional sources in the conflict.
The conflict is between Statute Law (Act of Parliament) and a Constitutional Convention.
Understanding the nature of the sources is necessary to determine their legal status.
2
Apply the principle of Parliamentary Sovereignty.
Parliament is the supreme legal authority in the UK.
This principle dictates how different laws and rules interact in the British system.
3
Determine the hierarchy of the sources.
Statute Law is recognized as the highest source of the British constitution.
Statutes can change common law, override conventions, and repeal previous statutes.
4
Conclude the outcome of the conflict.
The Act of Parliament overrides the convention.
Since conventions are not legally binding in court and Statute Law is supreme, the formal legislation must be followed.

Key Concept

Parliamentary Sovereignty and the Hierarchy of Constitutional Sources

Practice More

Review the specific differences between Statute Law and Common Law to understand how judicial precedents interact with legislation.
Estimated Time:1m 30s
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Topics

The British Constitution

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