- This topic has 3 replies, 2 voices, and was last updated 8 years ago by
.
- Posts
Hi
I was wondering if someone could clarify the following points please:
Can legislation modify or replace existing statutes?
Can legislation modify or replace existing case law?Thanks
Mandip
It can do both the things you mention above.In terms of existing statutes an Act might specifically repeal or modify existing legislation which would be the best way for an Act to be drafted if this were the intent of the Act or it might change the law by being in apparent conflict with earlier legislation which would result in courts using newer Act when interpreting the law.Parliaments are considered sovereign and not bound by existing statute or case law in the UK and so if statute says existing law principle should no longer apply then it will no longer apply despite existing case law to the contrary.
- You must be logged in to reply to this topic.