In the conventions of some of the states which ratified the constitution a desire was expressed for amendments declaratory of the rights of the people and restrictive of the powers of the new government, in order, as stated at the time, to prevent misconception or abuse of its powers.
Appellants could, after paying the primary personal injury action under the reservation of rights, seek a declaratory judgment in a state in which they were doing business and whose public policy precludes insuring against punitive damages.
Gentlemen who oppose a federal bill of rights, or further declaratory articles, seem to view the subject in a very narrow imperfect manner.
Suggesting there could be a bill of rights and duties, or a more declaratory statement, Mr Brown said: "In Britain we have a largely unwritten constitution.
The Declaratory Judgment Act "only provided a new form of procedure for the adjudication of rights in conformity" with "established equitable principles". Great Lakes Co. v. Huffman, 319 U.S. 293, 300.
On the other hand, the relevant Singaporean provision is Order 15, rule 16, of the Rules of Court, which reads: "No action or other proceedings shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed".
In response to Flipboard's complaints that the Flowboard name could be confusing and infringe its trademark, Treemo filed a complaint asking for a "declaratory judgment of non-infringement of trademark rights" — i.e. it wants a court to say that no trademark infringement is taking place.
A patriotic opposition led by Henry Flood and Henry Grattan began an agitation that led in 1782 to the repeal of the Declaratory Act of 1720 and to an amendment of Poynings's Law that gave the right of legislative initiative to the Irish Parliament (which under the law was subject to the control of the English king and council).
It also provides an exit clause for any members who might wish to leave the club.Part two of the constitution consists of a charter of fundamental rights, first drawn up as a declaratory statement at Nice.
In the 1690s commercial jealousy impelled the Irish Parliament to destroy the Irish woolen export trade, and in 1720 the Declaratory Act affirmed the right of the British Parliament to legislate for Ireland and transferred to the British House of Lords the powers of a supreme court in Irish law cases.
The Rockingham ministry followed up this concession of letting the colonists alone with the assertion of Parliament's right to legislate for the colonies in the Declaratory Act of 1766.
