WJEC A-Level Government and Politics 603-1979-3
The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government
Government and the Senedd in Wales
Devolution and the United Kingdom
Citizenship and Rights
The Protection of Human Rights
Democracy and Participation
Electoral Systems in the UK
Voting Behaviour in the UK
Political Parties in Wales and the UK
Pressure Groups and Social Movements
Liberalism
Conservatism
Socialism and Communism
Nationalism
The US Constitution and Federalism
Rights and Liberties in the USA
The US Congress
The US Presidency
The US Supreme Court
US Elections and Voting Behaviour
Political Parties in the USA
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.
What is judicial precedent?
Explain the principle established in Entick v Carrington (1765).
Questions from this subtopic
Each one with the model answer underneath.
- 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
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
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
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
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
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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