Title: A General Algorithm for Variable Order Finite Element and Positivity Preservation for Hyperbolic PDEs Absract: An h-p family of positivity finite elements methods is derived for the solution of the advection equations in one or two space dimensions . The approach uses spatial discretisation methods in which the order is varied within a constrained approximation space in conjunction with a timestepping and a mass matrix iteration that preserves positivity. The approach is a timestepping and a mass matrix iteration that preserves positivity. The approach is extended to the solution of systems of conservation laws in one space dimension and two dimensional problems. The effectiveness of the approach is demonstrated through computational examples.