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How does the Common Law affect environmental statute law? |
Obviously from a UK or Aust perspective or does the US have a common law basis as well? I think it does. Under the Westminster model of government that the UK, and I think I'm correct in saying Australia also works under, Parliament is supreme. It can make or unmake any law that it pleases and is not bound by any law. This is to do with the doctrine of the Seperation of Powers, where each branch othe state is seperate (in the US the distinctions are more clear). So basically the courts apply the law and parliament makes it, common law is made by the judges which confuses matters. The basis position is Common law is judge made law, which is inferior to statute law. When there is a conflict statute law prevails. Judges cannot declare law created by parliament invalid so therefore any statute law, regardless of the sphere of influence it is in has precendence over common law. |
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