Common Law Vs Federal Statutes: Who Wins?

Common law is law that is derived from judicial decisions, rather than from statutes. It is strict in its application, which means it is not subject to the same interpretation as statute law. However, statute law can replace common law if it is incorporated, amended or removed by statute law. In the US, courts can override statutes on the grounds that they are unconstitutional. In Australia, courts can invalidate legislation on constitutional grounds, but the constitution primarily consists of federalism and separation of powers provisions. India uses its power of constitutional judicial review aggressively, while New Zealand and Scotland do not use this tool very much. Canada is in between, invalidating laws based upon its Charter of Rights and Freedoms.

Common law is derived from judicial decisions, not statutes

In the US, courts can override statutes if they are found to be unconstitutional. This can be in the case of state legislation under the federal or state constitution, and in the case of local ordinances under the federal or state constitutions or under a local government's charter. A state law can be invalidated on the grounds that it conflicts with federal statutes or treaties and/or regulations, and a local law can be invalidated on the grounds that it conflicts with federal treaties, federal or state statutes, and/or federal or state regulations.

In the US, federal law prevails over state law and state law prevails over local (city and county) law. Within the state and federal systems, constitutional law prevails over statutory law and statutory law over administrative law.

In Australia, courts can invalidate legislation on constitutional grounds, but Australia's constitution primarily consists of federalism and separation of powers provisions without making it the core tool by which individuals' liberties are protected. India uses its power of constitutional judicial review rather aggressively. New Zealand and Scotland do not use this tool very much. Canada is in between in invalidating laws based upon its Charter of Rights and Freedoms.

Common law rules can be incorporated, amended or removed by statute law

Courts can invalidate statutes on the ground that they are unconstitutional. This can be in the case of state legislation under the federal or state constitution, and in the case of local ordinances under the federal or state constitutions or under a local government's charter. A state law can be invalidated on the grounds that it conflicts with federal statutes or treaties and/or regulations, and a local law can be invalidated on the grounds that it conflicts with federal treaties, and/or federal or state statutes, and/or federal or state regulations.

Within the state and federal systems, constitutional law prevails over statutory law and statutory law over administrative law. Many rules originally established by common law are eventually incorporated, amended or removed by statute law. In such cases, the statute then replaces the common law rule.

The US is virtually unique in the common law world with its unconstitutionality feature. If it can override statutes, it's clear that it can do regulations all the more so.

Courts can invalidate state law on the grounds that it conflicts with federal statutes

In the US, courts can invalidate state law on the grounds that it conflicts with federal statutes, treaties or regulations. However, it is not clear that courts can override statutes. Courts are bound by statutes, but they do have leeway in interpreting them where they are vague.

In the US, federal law prevails over state law, and state law prevails over local law. Within the state and federal systems, constitutional law prevails over statutory law, and statutory law over administrative law. Many rules originally established by common law are eventually incorporated, amended or removed by statute law. In such cases, the statute then replaces the common law rule. Common law is law that is derived from judicial decisions instead of from statutes. It is strict in its application, which means it is not subject to the same interpretation as common law—i.e. it means what it says. However, statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional.

Federal law prevails over state law, and state law prevails over local law

Congress can include specific language in a statute that preempts state law, but even in the absence of such language, preemption could be implied by other factors. The US Supreme Court has established requirements for preemption of state law.

Courts can invalidate statutes on the ground that they are unconstitutional, or on the ground that subsequent legislation or a new treaty has implicitly repealed or modified an old statute. A state law can be invalidated on the grounds that it conflicts with federal statutes or treaties and/or regulations, and a local law can be invalidated on the grounds that it conflicts with federal treaties, and/or federal or state statutes, and/or federal or state regulations.

Many rules originally established by common law are eventually incorporated, amended or removed by statute law. In such cases, the statute then replaces the common law rule.

Courts can override statutes on the grounds that they are unconstitutional

In the US, courts can override statutes on the grounds that they are unconstitutional. This can occur in the case of state legislation under the federal or state constitution, and in the case of local ordinances under the federal or state constitutions or under a local government's charter. A state law can be invalidated on the grounds that it conflicts with federal statutes or treaties and/or regulations, and a local law can be invalidated on the grounds that it conflicts with federal treaties, and/or federal or state statutes, and/or federal or state regulations.

Within the state and federal systems, constitutional law prevails over statutory law and statutory law over administrative law. Many rules originally established by common law are eventually incorporated, amended or removed by statute law. In such cases, the statute then replaces the common law rule. Common law is law that is derived from judicial decisions instead of from statutes. It is strict in its application, which means it is not subject to the same interpretation as common law—i.e. it means what it says. However, statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional.

The US is virtually unique in the common law world with its unconstitutionality feature. If it can override statutes, it's clear that it can do regulations all the more so. Australia's courts can invalidate legislation on constitutional grounds, but Australia's constitution primarily consists of federalism and separation of powers provisions without making it the core tool by which individuals' liberties are protected. India uses its power of constitutional judicial review rather aggressively. New Zealand and Scotland do not use this tool very much. Canada is in between in invalidating laws based upon its Charter of Rights and Freedoms.

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