Legal Question in Business Law in Michigan

Courts can overturn precedents and thus change the common law. should judges have the same authority to overrule statutory law? explain please.


Asked on 8/28/09, 8:42 pm

1 Answer from Attorneys

Brad Aldrich Aldrich Legal Services

Only the Supreme Court (Michigan Supreme Court for State Statutes and Federal Supreme Court for Federal Statutes) has the authority to deem a legislative authority as being unconstitutional in its application. What all Courts do is not overrule the written laws, but intepret them. Even at the Supreme Court level they do not have the authority to overrule or change the laws, only interpret or deem them unconstitutional in their respective application. Aldrich Legal Services, PLLC specializes in Business Law, along with Real Estate matters, Probate/Estate Planning, Bankruptcy and other areas of the law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000.

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Answered on 9/03/09, 3:57 pm


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