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According to the 'Earlier and Later' Rule of Common Law

Question 80

Multiple Choice

According to the 'earlier and later' rule of common law presumptions to statutory interpretation:


A) a later law will override and automatically repeal to the extent of any inconsistency an earlier law on the same topic.
B) an earlier law will override and automatically repeal to the extent of any inconsistency a later law on the same topic.
C) when two interpretations are possible we should favour the interpretation that leads to the penalty being less likely to be imposed.
D) where two interpretations of a provision in an Act are possible, one that is consistent with the Constitution and the other which is not, we should adopt the interpretation that is consistent with the Constitution.

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