Legislatures can use declaratory language to correct unwelcome judicial decisions

Evidence

Perhaps the closest parallel is furnished by one type of so-called “declaratory legislation” in which the legislature directs that such and such a provision of preexisting law “shall not be deemed” or “shall not be construed” to mean so and so, or to warrant such and such conclusion. Most commonly this is done for the purpose of clarifying preexisting statutes. But the same technique may be used to correct an unwanted development in decisional law. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4830

Categorization

• DEFINE: Clarifies the concept and function of declaratory legislation in correcting decisional law.
• XREF: connects to: Legislatures may appropriately wait for courts to act first on an issue. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 428; Courts may revise common-law rules even where legislatures have failed to act — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2368; Statutory overruling language sometimes gets tested for civil-law habits — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2908 (+2 more)

Broader Connections

• Implicit negotiation between courts and legislatures shapes common law even absent statute #responds-to (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 3539