Also known as: declarations of rights · bill of rights
Written by attorneys · grounded in primary & secondary sources — see below
A judicial remedy by which a court declares the rights and duties of parties in an actual controversy without ordering coercive relief such as damages or an injunction.
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Derek and Deborah, a married couple, face prosecution under a state law banning contraceptive use. They file suit requesting the court to declare their constitutional right to marital privacy. The declaration clarifies that the statute cannot be enforced against them.
Dwight, a resident of a state restricting handgun possession, sues local officials. He requests a declaration that the Second Amendment applies to the states through the Fourteenth Amendment. The court issues the declaration confirming incorporation.
Diamond Manufacturing operates reproductive health clinics. It sues the state after new regulations take effect. The company requests a declaration that certain provisions unduly burden constitutional liberty interests.
Dolores lives with extended relatives in a single-family zone. The city threatens enforcement action. She sues for a declaration that the ordinance violates substantive due process protections for family living arrangements.
Darrell's property is searched without a warrant by federal agents. He files an action requesting both damages and a declaration that the agents violated Fourth Amendment rights.
Danielle and other students refuse to salute the flag on religious grounds. School officials threaten discipline. The students seek a declaration that the compulsory salute violates free speech protections.
Yes. Courts may issue a declaratory judgment clarifying contractual rights alongside an order for specific performance when both forms of relief are appropriate.
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No. A declaration of rights may be sought when rights are uncertain even if no violation has yet occurred.
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It allows the court to clarify the beneficial interests and powers of withdrawal under the trust instrument before distributing assets.
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…the Fourteenth Amendment's Due Process Clause; or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras, see Griswold v. Connecticut , 381 U.S. 479 (1965); Eisenstadt v. Baird , 405 U.S. 438 (1972); or among those rights reserved to the people by the Ninth Amendment,…