why Act of parliament override common law in australia ?

Expert Solution

In the Australian legal system, laws come from two principal sources

1.Common law made by judges

2.Legislation made by politicians in parliaments both state and federal, or by local government.

Common law is developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions . Legislation is law made by parliaments. Legislation is also known as statute law, statutes, or Acts of Parliament . Parliament is sovereign or all powerful. The practical result of the principle of parliamentary sovereignty is that legislation prevails over common law. If there is a conflict between legislation and the common law, legislation will over-ride the common law. However, that conflict must be clear

An Act of parliament will overrule the common law if there is a common law principle and an Act which conflict in relation to the same area of law. This is because the supreme power to make laws is vested in elected representatives of parliament.

ekkarill92 answered 3 weeks ago

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