Lord Dyson said in the ruling: "It is appropriate to grant a declaration that the present Acpo guidelines... are unlawful because, as clearly demonstrated by Marper, they are incompatible with the ECHR.
The Court of Appeal, following Re Application by Dow Jones (Asia) Inc. (1987), held that it had no power to grant a declaration under Order 53 because a declaration is not a form of prerogative order.
There is some authority to the effect that a court will not generally grant a declaration if it considers the issue at hand to be an academic question or one that is entirely hypothetical.
Instead, the administration granted an emergency declaration and provided $80 million, much of which would be devoted to longer-term water infrastructure projects.
Mr Justice Bean granted a section 6 declaration allowing closed hearing applications to be made.
Mr. Obama has already granted a major disaster declaration request for North Dakota, and ordered federal support into the region, and he has declared a state of emergency in Minnesota.
Following the tornado outbreak on the evening of April 27, President Barack Obama granted a federal emergency declaration for the state of Alabama, giving federal assistance, including search and rescue assets, to the affected region.
Weicker's leadership on chuch-state separation includes blocking a bid by President Ronald Reagan in 1982 to amend the U.S Constitution to allow orchestrated sectarian prayer in public school classrooms and his refusal in 1993 to grant a state declaration for a Day of Prayer.
After a day of argument, the judge, Mr Justice Kerr, said that the balance came down against granting an urgent declaration that the strike was unlawful.
They successfully urged two judges in London to grant them a declaration which will protect them and third parties, including doctors, during preparations for a "landmark" judicial review action brought by a man in his 40s with with a condition known as locked-in syndrome.
