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The British Constitution

Common law and works of constitutional authority

  • 3 things to know
  • AS Unit 1

Overview

Common law, judicial precedent and residual right.

What you need to know

Answer each one before you reveal it.

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Key term

What is common law?

Key term

What is judicial precedent?

Key term

Explain the principle established in Entick v Carrington (1765).

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is common law?

    Model answer

    Common law is law developed by judges through their decisions in individual cases, binding later courts through the doctrine of precedent.

  2. 2

    How does common law contribute to the constitution?

    Model answer

    It supplies rights and principles the statute book never set out, such as habeas corpus, and it defines the extent of the royal prerogative.

  3. 3

    What is judicial precedent?

    Model answer

    Precedent is the rule that a decision of a higher court binds lower courts deciding later cases on similar facts.

  4. 4

    Explain the principle established in Entick v Carrington (1765).

    Model answer

    State officials may interfere with a citizen only where a specific legal power allows it, so government has no general authority to act as it pleases.

  5. 5

    What is a residual right?

    Model answer

    A residual right is a freedom a citizen enjoys simply because no law forbids it, which is how common law traditionally protected liberty in Britain.

  6. 6

    Why is common law a weaker constitutional source than statute?

    Model answer

    Parliament can reverse any judicial decision by legislating, so a common law rule survives only for as long as Parliament tolerates it.

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The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government

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Wyn developed it.
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AAccess is bought rather than earned.
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Statute law is enacted by the legislature.
TrueFalse

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