Which of the following statements is correct regarding the hierarchy of laws?

Legislation taking precedence over case law reflects a fundamental principle of the legal system. In most jurisdictions, statutes enacted by legislatures (legislation) are deemed to have greater authority than judicial decisions (case law). This hierarchical structure is rooted in the belief that legislative bodies are representative of the populace and thus have the authority to create laws that govern society.

When a statute is in place, it will generally override any conflicting interpretations or rulings established by case law. Case law can help interpret legislation but cannot change the law itself as created by the legislature. This means that when courts are faced with a conflict between a statute and a previous judicial ruling, they are obliged to apply the statute. This principle ensures certainty and consistency within the legal framework by establishing a clear hierarchy and ensuring that the laws enacted by elected officials take precedence over interpretations made by the judiciary.

In contrast, common law evolving from judicial decisions does not override statutory law; rather, it supplements it. Equity is designed to mitigate the harshness of common law and operates alongside it but is also ultimately subordinate to legislation when direct conflicts arise. This hierarchy is crucial in understanding how different sources of law interact within a legal system.