About this document
Judicial Precedent as Law Source by Akash Kumar Sahu is a document available to read on EtoBox.
The document discusses the concept of precedent as a source of law. It explores two views: the declaratory theory, where judges discover rather than make law, and the opposing view that judges are law-makers. While precedents bind lower courts, the Supreme Court is not bound by its own previous rulings. There are circumstances that can weaken or strengthen the binding authority of a precedent. Overall, both views represent a partial truth - while judges do not make law in the sense of promulgating it, they
- Author
- Akash Kumar Sahu
- Language
- EN