Repeal
Encyclopedia
A repeal is the amendment, removal
or reversal
of a law
. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned.
If a campaign for the repeal of a particular law gains particular moment, an advocate of the repeal might become known as a "repealer". This happened in 19th century Britain to a group in favour of the re-separation of Ireland from the United Kingdom.
Many repeals are the result of changes in society
, such as the old Jim Crow laws or blue law
s. Other repeals are for more mundane things, such as century-old laws against dancing or cabaret
s. Some repeals are of somewhat old outdated laws that now seem bizarre
, such as one from the 19th century against bathing
.
The motion to rescind, repeal, or annul is used in parliamentary procedure
to cancel or countermand an action or order previously adopted by the assembly.
may be either express or implied
.
Express repeal occurs where express words are used in a statute to repeal an earlier statute. They are now usually included in a table in a schedule to the statute, for reasons of convenience.
Implied repeal
occurs where two statutes are mutually inconsistent. The effect is that the later statute repeals the earlier statute pro tanto (in so far as it is inconsistent). There is a presumption against implied repeal.
of England and Wales
, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to sections 15 to 17, and section 19(2), of the Interpretation Act 1978
.
—a compilation of the general and permanent federal laws of the United States. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code (including the title, chapter, part, section, paragraph and clause). In this way, Congress (and the president) must follow the same rules and procedures for passing any law. When statutes are repealed, their text is simply deleted from the Code and replaced by a note summarizing what used to be there. Once deleted, the repealed statute no longer has the force of law.
Removal
Removal may refer to:* Removal * Removal jurisdiction in the United States courtsRemoval may also indirectly refer to:* Administrative removal in immigration law* Amputation, removal of a body extremity by trauma or surgery...
or reversal
Reversal
Reversal can refer to:* In drama, "reversal" refers to Aristotle's concept of Peripeteia* Reversal film, a type of photographic film also known as slide or transparency film* The Reversal, a novel by Michael Connelly* Reversal of polarity...
of a law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned.
If a campaign for the repeal of a particular law gains particular moment, an advocate of the repeal might become known as a "repealer". This happened in 19th century Britain to a group in favour of the re-separation of Ireland from the United Kingdom.
Many repeals are the result of changes in society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, such as the old Jim Crow laws or blue law
Blue law
A blue law is a type of law, typically found in the United States and, formerly, in Canada, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping...
s. Other repeals are for more mundane things, such as century-old laws against dancing or cabaret
Cabaret
Cabaret is a form, or place, of entertainment featuring comedy, song, dance, and theatre, distinguished mainly by the performance venue: a restaurant or nightclub with a stage for performances and the audience sitting at tables watching the performance, as introduced by a master of ceremonies or...
s. Some repeals are of somewhat old outdated laws that now seem bizarre
Bizarre
Bizarre may refer to:*Bizarre , solo rapper as well as member of the group D12*Bizarre , Spanish rock band*Bizarre , a Canadian sketch comedy television series...
, such as one from the 19th century against bathing
Bathing
Bathing is the washing or cleansing of the body in a fluid, usually water or an aqueous solution. It may be practised for personal hygiene, religious ritual or therapeutic purposes or as a recreational activity....
.
The motion to rescind, repeal, or annul is used in parliamentary procedure
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
to cancel or countermand an action or order previously adopted by the assembly.
Express and implied repeals
The repeal of a statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
may be either express or implied
Implied repeal
The doctrine of implied repeal is a concept in English constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed...
.
Express repeal occurs where express words are used in a statute to repeal an earlier statute. They are now usually included in a table in a schedule to the statute, for reasons of convenience.
Implied repeal
Implied repeal
The doctrine of implied repeal is a concept in English constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed...
occurs where two statutes are mutually inconsistent. The effect is that the later statute repeals the earlier statute pro tanto (in so far as it is inconsistent). There is a presumption against implied repeal.
Consequences
Under the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to sections 15 to 17, and section 19(2), of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
.
The United States
When a bill is passed by the House and Senate and signed by the president, or Congress overrides a presidential veto, the various provisions contained within the newly enacted law are rearranged according to their policy content and cataloged in the United States CodeUnited States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
—a compilation of the general and permanent federal laws of the United States. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code (including the title, chapter, part, section, paragraph and clause). In this way, Congress (and the president) must follow the same rules and procedures for passing any law. When statutes are repealed, their text is simply deleted from the Code and replaced by a note summarizing what used to be there. Once deleted, the repealed statute no longer has the force of law.
Examples of repeals
Major repeals in history include:- The Corn LawsCorn LawsThe Corn Laws were trade barriers designed to protect cereal producers in the United Kingdom of Great Britain and Ireland against competition from less expensive foreign imports between 1815 and 1846. The barriers were introduced by the Importation Act 1815 and repealed by the Importation Act 1846...
in EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, repealed in 1846 after a passionate campaign. - The Acts of Union 1800, providing for the union between the formerly separate kingdoms of Great BritainGreat BritainGreat Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
as the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, was partially repealed in 1922, when (as a consequence of the 1921 Anglo-Irish TreatyAnglo-Irish TreatyThe Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
), twenty-six of the thirty-two counties of Ireland were constituted as the Irish Free StateIrish Free StateThe Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, and ceased to form part of the United Kingdom. - Repeal of ProhibitionRepeal of ProhibitionThe Repeal of Prohibition in the United States was accomplished with the passage of the Twenty-first Amendment to the United States Constitution on December 5, 1933.-Background:...
in the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Enacted by the Eighteenth Amendment to the United States ConstitutionEighteenth Amendment to the United States ConstitutionThe Eighteenth Amendment of the United States Constitution established Prohibition in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition...
, it proved to be so ineffective that it had to be repealed by the Twenty-first AmendmentTwenty-first Amendment to the United States ConstitutionThe Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
. This is the only constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to be repealed in the U.S. - The Poor LawPoor LawThe English Poor Laws were a system of poor relief which existed in England and Wales that developed out of late-medieval and Tudor-era laws before being codified in 1587–98...
s in England in 1948. - The massive Statute Law Revision Act 2007 in the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, through which 3,225 Acts were repealed, dating back over eight centuries to 1171 and the earliest laws enacted by EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
when it began its invasion of IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
. The statutes repealed include a number of Acts of significant historical interest, including an Act of 1542 providing that the Kings of England shall be Kings of Ireland. This Act is the largest single repealing statute in the history of Ireland.