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Powerful Nature of Case Law

30 September, 2015 - 17:47

Generally, if there is a statute on an issue, the statute is superioto case law, just as the Constitution is superior to statutory law. However, judges interpret constitutional and statutory law, making case law a powerful source of law. A judge can interpret a constitution in a way that adds or creates exceptions to its protections. A judge can also interpret a statute in a way that makes it unconstitutional and unenforceable. This is called the power of judicial review. 1