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Legislation

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Legislation

  • This topic has 5 replies, 2 voices, and was last updated 4 months ago by MikeLittle.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • April 10, 2022 at 1:18 pm #652992
    ilham9089
    • Topics: 217
    • Replies: 170
    • ☆☆☆

    Can legislation modify or replace existing statutes? In the notes it says, “statute is not to alter existing common law” but in my kit it says legislation may modify or replace existing statutes.

    April 10, 2022 at 4:45 pm #653000
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22588
    • ☆☆☆☆☆

    But ‘common law’ is not statute!

    Of course legislation can modify or replace statute law. If it couldn’t, there would still be statute whereby stealing a sheep is a hangable offence and the allegation that your neighbour is a witch would result in her being burned alive!

    Where is the notes does it say that statute is not to alter existing common law? I can’t believe that I have ever said nor written that!

    April 10, 2022 at 4:59 pm #653002
    ilham9089
    • Topics: 217
    • Replies: 170
    • ☆☆☆

    Oh I see what you mean. So what exactly does it mean to alter common law? Like the judicial precedents or the reward of damages?

    April 10, 2022 at 8:13 pm #653021
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22588
    • ☆☆☆☆☆

    Common law gets overtaken by current situations and acceptabilities

    50 years ago, mobile phones weren’t in existence. Nor was same-sex marriage. Nor surrogate motherhood.

    Whatever law existed previously covering the topic of abortion or homosexuality, that common law had to be overtaken by the changing demands of society

    OK?

    April 11, 2022 at 1:16 am #653038
    ilham9089
    • Topics: 217
    • Replies: 170
    • ☆☆☆

    I see. That makes sense. Thank you

    April 11, 2022 at 7:50 am #653047
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22588
    • ☆☆☆☆☆

    You’re welcome – and good luck in the exam

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