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all the laws made by judges relating to England and Wales There has been, and continues to be, much argument among legal philosophers as to whether judges actually make or create law out of nothing, or merely declare what the law has always been. Many judges state that they do not make the law, they discover it and thus declare what it has always been. This latter viewpoint is referred to as the declaratory theory of law making and these matters will be discussed in detail in other courses. This is a practical book about how to analyse the existing common law as recorded in the law reports and how to understand UK and European legislation. It is, therefore for the reader to come to a conclusion about who is right over the issue of declaring or creating. 3.3.1.1 The doctrine of precedent An English judge when deciding a case must refer to similar prior decisions of the higher courts and keep to the reasoning in those cases. If a previous case has dealt with similar facts and the same rules, then the present case has to be decided in the same way. This process is known as the doctrine of precedent. The doctrine is referred to by the use of a Latin phrase which is usually shortened to:
DOI link for all the laws made by judges relating to England and Wales There has been, and continues to be, much argument among legal philosophers as to whether judges actually make or create law out of nothing, or merely declare what the law has always been. Many judges state that they do not make the law, they discover it and thus declare what it has always been. This latter viewpoint is referred to as the declaratory theory of law making and these matters will be discussed in detail in other courses. This is a practical book about how to analyse the existing common law as recorded in the law reports and how to understand UK and European legislation. It is, therefore for the reader to come to a conclusion about who is right over the issue of declaring or creating. 3.3.1.1 The doctrine of precedent An English judge when deciding a case must refer to similar prior decisions of the higher courts and keep to the reasoning in those cases. If a previous case has dealt with similar facts and the same rules, then the present case has to be decided in the same way. This process is known as the doctrine of precedent. The doctrine is referred to by the use of a Latin phrase which is usually shortened to:
all the laws made by judges relating to England and Wales There has been, and continues to be, much argument among legal philosophers as to whether judges actually make or create law out of nothing, or merely declare what the law has always been. Many judges state that they do not make the law, they discover it and thus declare what it has always been. This latter viewpoint is referred to as the declaratory theory of law making and these matters will be discussed in detail in other courses. This is a practical book about how to analyse the existing common law as recorded in the law reports and how to understand UK and European legislation. It is, therefore for the reader to come to a conclusion about who is right over the issue of declaring or creating. 3.3.1.1 The doctrine of precedent An English judge when deciding a case must refer to similar prior decisions of the higher courts and keep to the reasoning in those cases. If a previous case has dealt with similar facts and the same rules, then the present case has to be decided in the same way. This process is known as the doctrine of precedent. The doctrine is referred to by the use of a Latin phrase which is usually shortened to:
ABSTRACT
There has been, and continues to be, much argument among legal philosophers as to whether judges actually make or create law out of nothing, or merely declare what the law has always been. Many judges state that they do not make the law, they discover it and thus declare what it has always been. This latter viewpoint is referred to as the declaratory theory of law making and these matters will be discussed in detail in other courses.
