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

Country Altara has a written constitution that is entrenched and ranks above ordinary legislation. The legislature passes a statute that conflicts with a constitutional right to own property. A constitutional court has power of judicial review. What is the most likely legal result?

The court may declare the statute invalid to the extent it conflicts with the constitution. In a system with a supreme, entrenched constitution and judicial review, the constitution ranks above ordinary legislation, so the conflicting statute cannot stand.

  1. AThe statute prevails because the legislature is always supreme
  2. BThe court may declare the statute invalid to the extent it conflicts with the constitutionCorrect
  3. CThe statute and the constitution both apply equally, so the court must split the difference

Explanation

Where a constitution is supreme and entrenched, and courts have judicial review powers, a conflicting statute can be struck down. Legislative supremacy applies in systems without a higher constitution. Courts do not apportion between conflicting norms; the higher norm prevails.

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