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The son of a Supreme Court Judge, Mr. Justice P.B. (Philip) Cooke and his wife Valmai, Lord Cooke was born in Wellington, and attended Wanganui Collegiate School.
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However, Cooke's view recalled a similar opinion expressed by the famous 17th century English jurist, Sir Edward Coke.
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This view contradicted the dominant parliamentary supremacy theories of A. V. Dicey, which had guided common law courts since the late 19th century.