Royal Prerogative
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity recognized in common law (and sometimes in Civil law (legal system), civil law jurisdictions possessing a monarchy) as belonging to the monarch, sovereign, and which have become widely vested in the government. It is the means by which some of the executive (government), executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most Constitutional monarchy, constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms, this draws on the constitutional statutes at the time of the Glorious Revolution, when William III of England, William III and Mary II of England, Mary II were invited to take the throne. In the United Kingdom, the remaining powers of the royal prerogative are devolved ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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