declaration

1. (in the law of evidence) An oral or written statement not made on oath. The term is often applied to certain types of out-of-court statement that are admissible as an exception to the rule against *hearsay; for example, *declaration against interest, *declaration concerning pedigree, *declaration concerning public and general rights, and *declaration in course of duty. See also *statutory declaration.
2. A discretionary remedy involving a bare 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 certiorari. See also *judicial review.