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Who is the main propounder of the declaratory theory of judicial precedent?
Question

Who is the main propounder of the declaratory theory of judicial precedent?

A.

Blackstone

B.

Gray

C.

Salmond

D.

Dicey

Correct option is A


The declaratory theory of judicial precedent holds that Judges declare what the law already is rather than creating a new law. Sir William Blackstone is widely regarded as the main propounder of this theory.
Information Booster:
Blackstone's view suggests that Judges do not "make" law but reveal or declare what has been law all along. This theory forms the basis for traditional approaches to legal precedent, where Courts interpret laws based on existing legal principles without actively changing them.
Additional Information:
· (b) Gray: John Chipman Gray rejected Blackstone's declaratory theory, asserting that Judges inevitably make law when deciding cases.
· (c) Salmond: Salmond held a more mixed view, accepting that Judges do both, declare and create law through interpretation.
· (d) Dicey: A.V. Dicey is best known for his work on the rule of law and parliamentary sovereignty, not for advancing the declaratory theory.

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