Correct option is D
William Blackstone, in his Commentaries on the Laws of England, famously stated that judges do not create law but rather declare what the law has always been. However, this traditional view has been interpreted and evolved, leading to the recognition that judges, in fact, do make law through their interpretations and rulings. Over time, this view was increasingly supported by legal scholars, acknowledging the creative role of judges in the common law system.
Information Booster: Blackstone's interpretation of the judicial role influenced the common law tradition, where precedents set by judges in their rulings contribute significantly to the development of the law. While he claimed judges discover law, the precedents they set essentially create new legal principles.
Additional Knowledge:
· (a) Gray: John Chipman Gray was an American jurist who also acknowledged the role of judges in making law, particularly through case law.
· (b) Dicey: A.V. Dicey focused more on the rule of law and parliamentary sovereignty, less on judicial law-making.
· (c) Salmond: He acknowledged the role of judges in interpreting and developing law but was less explicit about them creating law.
