Skip to content

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

Tavira Co operates in a country where a company's disputes are resolved by applying a written constitution that is entrenched and is superior to ordinary legislation. A new statute contradicts a provision of that constitution. What is the legal position?

The courts may declare the statute invalid to the extent that it conflicts with the constitution. In a system with an entrenched, supreme written constitution, ordinary legislation ranks below it, and a later statute cannot override it without following the special constitutional amendment procedure.

  1. AThe statute may be declared invalid by the courts to the extent of the conflictCorrect
  2. BThe statute prevails because it is more recent
  3. CThe constitution is automatically amended by the statute
  4. DThe statute and constitution apply equally, at the choice of the litigant

Explanation

Where a constitution is entrenched and supreme, ordinary legislation must conform to it, and courts can strike down inconsistent statutes. Recency does not override a superior norm. A statute cannot amend the constitution unless the special amendment procedure is followed.

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