Clarifying the Criminal Law: Declarations in Criminal Proceedings

P. F. Smith (ed) Criminal Law: Essays in Honour of J.C Smith (1987) at 132

14 Pages Posted: 6 Feb 2014

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: 1987

Abstract

Recent developments in the English courts indicate that declarations are being used more frequently to clarify the law. This article looks at the need, scope and jurisprudential status of the declaration, and considers arguments both in favour of and opposing declaratory relief. The author takes the view that the courts are moving in the right direction, but that further improvements can be made. Declaratory relief is becoming more readily available and there is a possibility that doubts as to the scope of the criminal law may be able to be resolved in the abstract. Abstract by Rose Goss.

Keywords: declaration, scope of law, hypothetical dispute resolution, declaratory process

JEL Classification: K1, K41

Suggested Citation

Smith, A. T. H., Clarifying the Criminal Law: Declarations in Criminal Proceedings (1987). P. F. Smith (ed) Criminal Law: Essays in Honour of J.C Smith (1987) at 132, Available at SSRN: https://ssrn.com/abstract=2385694

A. T. H. Smith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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