What principle governs the relationship between the EAC and common law?

The principle that a fundamental common law principle may only be overridden by clear legislative intent is a cornerstone of legal interpretation in jurisdictions where both common law and statutory law exist, such as Queensland. This reflects the well-established notion that common law serves as a significant source of law derived from judicial decisions and precedents.

In the context of the Evidence Act (EAC) in Queensland, it operates within a framework that respects the existing common law unless the legislation explicitly indicates a different intent. The clear legislative intent is vital because it maintains the stability and predictability of the law, acknowledging long-standing legal principles unless the legislature has intentionally taken action to modify them.

When examining this relationship, it is important to understand that common law evolves through cases and judicial decisions, while statutory law, including the EAC, is enacted through legislative processes. Therefore, unless the EAC explicitly repeals or amends a fundamental common law principle, that principle remains applicable. This framework allows for a harmonious coexistence between common law traditions and statutory enactments, ensuring that legal principles are not arbitrarily disregarded.

In contrast, suggestions that the EAC always overrides common law, reflects international law, or renders common law obsolete do not accurately capture the legal nuances involved. The relationship is not