单词 | declaratory theory |
释义 | > as lemmasdeclaratory theory declaratory theory n. (a) Law the theory that judicial decisions do not create or change the law, but declare the law as it already exists; (b) International Law the theory or principle that a state exists if it fulfils certain conditions of statehood, rather than by the fact of being recognized by other states (opposed to constitutive theory n. at constitutive adj. and n. Additions). ΚΠ 1893 W. A. Watt Outl. Legal Philos. ii. 18 A word has now to be said with regard to the third view,—the declaratory theory. 1921 Illinois Law Rev. 14 109 The declaratory theory which prevails in Anglo-America, according to which, precedent does not make law, but only declares what the law is. 1942 Amer. Jrnl. Internat. Law 36 107 The declaratory theory is not so much a theory as a principle tested in the laboratory of experience. 1967 Univ. Chicago Law Rev. 34 869 In interstate relations, it seems that the declaratory theory must prevail. 1975 Canad. Bar Rev. Sept. 478 The late Lord Reid helped to bury the declaratory theory by remarking in a speech delivered in 1971 that law is not some known and defined entity. 2013 Daily News (Sri Lanka) (Nexis) 8 June According to the declaratory theory of state recognition a sovereign state can exist without being recognized by other sovereign states. < as lemmas |
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