declaratory power


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declaratory power

an inherent power in the Scottish High Court of Justiciary to punish any crime even if not known as such at the time it was committed. Although an exception to the maxim nulla poena sine lege (‘no penalty without a legal rule’), it has been restricted by the court to cover cases only of conduct analogous to an existing offence committed in a new way.
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It will also expand a judicial court's authority to include injunctive and declaratory powers, and to enforce such orders.