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“Both at law and in equity, however, the declaratory theory must be totally rejected if we are to attain to any sound analysis and explanation of the true operation of judicial decisions. We mut admit openly that precedents make law as well as declare it… original precedents are the outcome of the international exercise by the courts of their privilege of developing the law at the same time that they administer it. This view is given by :
Gray
Salmond
Dicey
Friedmann
By: Parvesh Mehta ProfileResourcesReport error
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