| 释义 |
declaration
n. 1. (in the law of evidence) An oral or written statement not made on oath. The term is mainly applied to certain types of out-of-court statement that have traditionally been considered admissible as an exception to the rule against hearsay evidence; for example, a declaration concerning pedigree or a declaration concerning public or general rights. See also statutory declaration. 2. A discretionary remedy involving a finding by the High Court as to a person’s legal status, rights, or obligations. A declaration cannot be directly enforced, but is frequently sought both in private law (e.g. to answer a question as to nationality or rights under a will) and in public law (e.g. to test a claim that delegated legislation or the decision of some inferior court, tribunal, or administrative authority is ultra vires). In both public and private law the applicant must show standing, i.e. that the issue affects him directly. Compare quashing order. See also judicial review. |