Hey there Sign in to join this conversationNew here? Join for free

William Blackstone's declaratory theory

Announcements Posted on
    • Thread Starter
    • 0 followers
    Offline

    ReputationRep:
    Please help, I can't understand this theory! It doesn;t seem to make sense to me, how can a law that is overruled not be 'a bad law' just the 'wrong answer'.

    Can someone explain this in thick people terms coz I just don't get it!
    • 0 followers
    Offline

    ReputationRep:
    The declaratory theory relates to the fact that judges do not make laws they simply discover and declare what the law has always been. That is why case law operates retrospectively. So when a precedent is overruled, the earlier court found the wrong law and the overruling court found the right one. This is often seen as a mere fiction and the reality is that judges do make and change the law.

    There is a good discussion of the theory in Kleinwort Benson v Lincoln CC
    • Thread Starter
    • 0 followers
    Offline

    ReputationRep:
    (Original post by Scarlet rose)
    The declaratory theory relates to the fact that judges do not make laws they simply discover and declare what the law has always been. That is why case law operates retrospectively. So when a precedent is overruled, the earlier court found the wrong law and the overruling court found the right one. This is often seen as a mere fiction and the reality is that judges do make and change the law.

    There is a good discussion of the theory in Kleinwort Benson v Lincoln CC
    Thanks, that was really helpful
    • 0 followers
    Offline

    ReputationRep:
    Hi
    i really need help answering this question?
    how does blackstone describe the operation of judical precedent?

    Anyone who can provide me with answer to this question , i will be very thankful to them.

Reply

Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?

    this is what you'll be called on TSR

  2. this can't be left blank
    this email is already registered. Forgotten your password?

    never shared and never spammed

  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. By joining you agree to our Ts and Cs, privacy policy and site rules

  2. Slide the button to the right to create your account

    Slide to join now Processing…

Updated: October 11, 2009
New on TSR

Moving on from GCSEs

What advice would you give someone starting A-levels?

Article updates
Reputation gems:
You get these gems as you gain rep from other members for making good contributions and giving helpful advice.