Skip to content

ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems

Brelmont Ltd operates in a jurisdiction where the legislature has passed a statute that conflicts with an earlier rule laid down by the courts in a precedent. The jurisdiction follows the principle of parliamentary sovereignty. Which rule applies?

The statute prevails. Where parliamentary sovereignty applies, legislation is the supreme source of law and overrides any conflicting judicial precedent. Courts must apply the statute rather than the earlier case law, and they have no discretion to prefer the older rule because it seems fairer.

  1. AThe statute prevails over the conflicting precedentCorrect
  2. BThe precedent prevails because it is older and established
  3. CBoth are void until a higher court decides
  4. DThe court may choose whichever it considers fairer

Explanation

Under parliamentary sovereignty, legislation is the highest source of law and overrides conflicting case law. Age of a precedent gives it no priority over a statute. Courts cannot simply disregard clear legislation because they prefer another outcome.

Did you get it right without looking?

One question tells you little. A timed set on Business, political and legal systems shows your real accuracy, how long you take and where you lose marks.

Practise Business, political and legal systemsFree diagnostic mock

More Business, political and legal systems questions