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

Country X is a common law jurisdiction. Parliament passes a statute that clearly contradicts an established rule of case law. A dispute arises, and the court must decide which to apply. Assuming parliamentary sovereignty applies in Country X, what is the outcome?

The statute prevails. Where parliament is sovereign, legislation takes priority over inconsistent judge-made case law, and courts must apply the clear statutory provision rather than choose between the two or prefer the older precedent.

  1. AThe case law rule prevails because it is older and tested
  2. BThe statute prevails, as legislation overrides inconsistent case lawCorrect
  3. CThe court may choose whichever it considers fairer

Explanation

Where the legislature is sovereign, statute is superior to case law and overrides inconsistent judge-made rules. Courts cannot disregard clear legislation because they prefer the precedent or think another outcome fairer.

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