Declaratory power

The declaratory power, in Scots law, is an unusual power held by the High Court of Justiciary, which enables it to declare behaviour to be criminal, even if that behaviour had not been previously defined as criminal activity.

Declaratory power

The declaratory power, in Scots law, is an unusual power held by the High Court of Justiciary, which enables it to declare behaviour to be criminal, even if that behaviour had not been previously defined as criminal activity.