declaratory theory

declaratory theory. The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted. “There are … at least three good reasons why the declaratory theory should have persisted for some […]

The belief that judges’ decisions never make law but instead merely constitute evidence of what the law is. • This antiquated view — held by such figures as Coke and Blackstone — is no longer accepted.