And when an Act contradicts the common law, the Act practically always wins, however old it is. - Edit 1
Before modification by Tim at 03/08/2012 08:39:01 AM
And as far as I know, there's no Murder Act in England.
Then again, neither is there an Act that says you can shoot a Scotsman with a longbow within the city walls of York, so that's OK. From what I remember I think it was just an policy that was announced during a time of war (when of course it's legal to kill your enemy).
EDIT: Nor, I believe, is there any doctrine of desuetude in England as there is in Scotland – basically this means that really old Acts that are ignored for centuries cease to be law through "longstanding contrary practice". So if there were an Act about shooting Scotsmen, you'd have to argue for implied repeal by the Human Rights Act or something.
Then again, neither is there an Act that says you can shoot a Scotsman with a longbow within the city walls of York, so that's OK. From what I remember I think it was just an policy that was announced during a time of war (when of course it's legal to kill your enemy).
EDIT: Nor, I believe, is there any doctrine of desuetude in England as there is in Scotland – basically this means that really old Acts that are ignored for centuries cease to be law through "longstanding contrary practice". So if there were an Act about shooting Scotsmen, you'd have to argue for implied repeal by the Human Rights Act or something.