The United Kingdom's constitution is uncodified and draws from multiple sources, including 'Common Law'. When senior courts establish legal principles to resolve disputes in areas where no existing legislation applies, which of the following best describes the status and authority of the resulting Common Law?
- It is a body of law developed through judicial precedents that remains legally binding unless it is specifically superseded by an Act of Parliament.Answer
- BIt consists of constitutional conventions, which are traditional political practices that carry the same formal legal authority as rulings from the High Court.
- CIt refers to the body of Statute Law that has been formally codified into a single, comprehensive document to prevent judges from creating new legal principles.
- DIt is the primary body of law created by the Monarch's exercise of the Royal Prerogative to resolve judicial crises without the involvement of the court system.
Answer
Common Law is developed through judicial precedents in senior courts and remains binding unless changed by an Act of Parliament.
The correct answer is correct because it accurately defines Common Law as a system where senior judges establish legal principles (precedents) to resolve cases. These precedents are legally binding but can be overridden if Parliament passes a specific Act (Statute Law) that contradicts the Common Law principle, reflecting the principle of Parliamentary Sovereignty.
Step-by-Step Solution
Key Concept
The definition and constitutional status of Common Law and judicial precedent.
Estimated Time:1m 30s