Legal Definitions - declaratory part of a law

The declaratory part of a law refers to the section of a statute or regulation that explicitly states fundamental principles, defines specific rights that individuals or entities possess, or clearly outlines actions that are prohibited or required. It sets the foundational understanding of what the law intends to achieve or prevent, often without detailing the penalties or enforcement mechanisms, which are typically found in other parts of the law.

Here are some examples to illustrate this concept:

• Example 1: Environmental Protection Act

  Imagine a state passes an Environmental Protection Act. A declaratory part of this law might state: "It is hereby declared that all citizens of this state have a fundamental right to a healthy and sustainable environment, including clean air and potable water, and that the state has a duty to protect these resources for present and future generations."

  This statement is declaratory because it clearly defines a fundamental right (to a healthy environment) and a corresponding duty (of the state to protect it). It doesn't specify *how* the state will achieve this or *what penalties* exist for pollution; it simply establishes the core principle and the rights involved, setting the stage for the rest of the law's operational sections.

• Example 2: Consumer Rights Statute

  Consider a national Consumer Rights Statute. A declaratory section might read: "Consumers are entitled to clear, accurate, and truthful information regarding the goods and services they purchase, and businesses shall not engage in deceptive advertising or misleading sales practices."

  This portion of the law declares a specific right for consumers (to accurate information) and explicitly states a wrong to be avoided by businesses (deceptive practices). It establishes the standard for fair commercial interactions without detailing the specific remedies or fines for violations, which would be covered in other parts of the statute.

• Example 3: Data Privacy Regulation

  In a new Data Privacy Regulation, a declaratory statement could be: "Individuals possess the right to control their personal data and to be informed about how their data is collected, used, and shared by organizations."

  This statement defines a core right of individuals regarding their personal information. It declares the principle that individuals have agency over their data and a right to transparency from organizations. This foundational declaration then informs the specific obligations for data handlers and the enforcement mechanisms detailed in subsequent sections of the regulation.