Question

In which of the following theories, judges are no more than the discoverers of law?

• A. Legal realism theory
• B. Declaratory theory
• C. Innovative theory
• D. Law making theory

Hint:

Declaratory Theory = Judges 'Declare' the law. They find it, they don't make it. This theory emphasizes the discovery aspect of the judicial role.

Answer 1

The Correct Option is B

The Declaratory Theory of law is a traditional view of the judicial function.
It posits that judges do not create or make new law when they decide cases.
Instead, their role is merely to "declare" or "discover" the law that already exists, whether it is in statutes, customs, or principles of justice.
This theory views judges as oracles who find the existing law, not as legislators who invent new rules.
It stands in direct contrast to theories of legal realism or law-making, which see judges as active creators of law.