Define and distinguish between declaratory and persuasive precedents.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Define and distinguish between declaratory and persuasive precedents.

Answer & Explanation:

Declaratory Precedents According to Salmond, a declaratory precedent is one which is merely the application of an already existing rule of law. In the case of a declaratory precedent, the rule is applied because it is already a law. In the case of advanced countries, declaratory precedents are more numerous. A declaratory precedent is as good a source of law as an original precedent. Persuasive Precedents A persuasive precedent is one which the judges are not obliged to follow but which they will take into consideration and to which they will attach great weight as it seems to them to deserve. A persuasive precedent, therefore, is not a legal source of law in India, the decisions of one High Court are only persuasive precedents in the other High Courts. The rulings of the English and American Courts are persuasive precedents only.

Topics: Jurisprudence

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