quick reply please (1 Viewer)

[bassbeats.]

help:

in the case of conflict between the following, which prevails and why:

a. common law and statute
b. commonwealth statute and an inconsistent state statute
c. between the decision of an Australian court and that of an English court

thanks

 

[bassbeats.]

yes, thank you, but why?

 

[hfis]

This sounds like an assignment question. I might ask, why do you need to know?

'Laying Down the Law' will probably provide you with every answer you need. Hell, even Wikipedia should do a good job of explaining things. Here's a start:

a. Traditional primacy
b. s 109, Constitution
c. Australia Acts

I'm sure research will help you pad it out a little more.

(Edit: Ah, you started at Bond just over two weeks ago. This is most certainly a first year foundations class question. Don't worry, at Bond I'm sure you can just staple a $50 to the assignment and they'll pass you.)

 

[Demandred]

There are exceptions, the Courts (Common Law system) interprets statutes where it is ambiguous which may indicate Statutes maybe at time under will of the Courts.

But generally, where Statutes are clear and unambiguous, the Statute prevails.

 

[bassbeats.]

thanks guys!
i just needed it for a tutorial question, i could find (mind you, i could obviously identify) which of each prevailed in each case, just not the reason why for the first one haha.

and lol at the $50 bribe...haha if i was rich i would so do that

 

[Xytech]

You have to be rich anyway, you go to bond.