repeal

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Repeal

The Annulment or abrogation of a previously existing statute by the enactment of a later law that revokes the former law.

The revocation of the law can either be done through an express repeal, whereby a statute specifically indicates that the former law shall be revoked and abrogated, or through an implied repeal, which arises when the later statute contains provisions that are so contrary or irreconcilable with those of the prior law that only one can remain in force.

The repeal of a law differs from the amendment thereof, because the amendment of a law involves making a change in a law that already exists, leaving a portion of the original still standing. When a law is repealed, however, it is completely abrogated.

repeal

1) v. to annul an existing law, by passage of a repealing statute, or by public vote on a referendum. Repeal of U. S. Constitutional provisions require an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment. 2) n. the act of annulling a statute.

repeal

verb abolish, abrogare, abrogate, annul, avoid, cancel, countermand, declare null and void, delete, formally withdraw, invalidate, make void, negate, nullify, obliterate, officially withdraw, override, overrule, quash, recall, render invalid, rescind, rescindere, retract, reverse, revoke, set aside, vacate, void, withdraw
Associated concepts: repeal a bylaw, repeal a law, repeal a statute, repeal by implication
Foreign phrases: Leges posteriores priores contrarias abbogant.Subsequent laws repeal prior laws that are repuggant to them. Jura eodem modo destituuntur quo constiiuuntur. Laws are abrogated by the same means by which they are enacted.
See also: abandon, abate, abatement, abolish, abolition, abrogate, adeem, ademption, annul, annulment, cancel, cancellation, countermand, defeasance, discharge, discontinue, dissolution, extinguish, invalidate, negate, negation, nullify, overrule, quash, renege, repudiate, repudiation, rescind, rescision, retraction, reversal, revocation, revoke, supersede, termination, vacate, void, withdraw

REPEAL, legislation. The abrogation or destruction of a law by a legislative act.
     2. A repeal is express; as when it is literally declared by a subsequent law or implied, when the new law contains provisions contrary to or irreconcilable with those of the former law.
     3. A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute. 1 Ham. 10: 2 Bibb, 96; Harper, 101; 4 W. C. C. R. 691.
     4. It is a general rule that when a penal statute punishes an offence by a certain penalty, and a new statute is passed imposing a greater or a lesser penalty, for the same offence, the former statute is repealed by implication. 5 Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373. See 1 Binn. 601; Bac. Ab. Statute D 7 Mass. 140.
     5. By the common law when a statute repeals another, and afterwards the repealing statute is itself repealed, the first is revived. 2 Blackf. 32. In some states this rule has been changed, as in Ohio and Louisiana. Civ. Code of:Louis. art. 23.
     6. When a law is repealed, it leaves all the civil rights of the parties acquired under the law unaffected. 3. L. R. 337; 4 L. R. 191; 2 South. 689; Breese, App. 29; 2 Stew. 160.
     7. When a penal statute is repealed or so modified as to exempt a class from its operation, violations committed before the repeal are also exempted, unless specifically reserved, or unless there have been some private right divested by it. 2 Dana, 330; 4 Yeates, 392; 1 Stew. 347; 5 Rand. 657; 1 W. C. C. R. 84; 2 Virg. Cas. 382. Vide Abrogation; 18 Vin. Ab. 118.

References in periodicals archive ?
Other groups opposing the repeal included AIDS United, the American Diabetes Association, the American Federation of State, County and Municipal Employees, Center for American Progress, National Alliance on Mental Illness and Prevention Institute.
Repeal of FSC /ETI binding contract (grandfathered contracts) relief: When Congress repealed the foreign sales corporation (FSC) regime in 2000 and the extraterritorial income (ETI) regime in 2004, the repeal legislation included transition relief for transactions subject to binding contracts as of Sept.
In an effort to reach a vote on the energy bill, Senate Majority Leader Tom Daschle (D-SD), has agreed to allow a stand-alone bill to come to the floor of the Senate to permanently repeal the estate tax.
27, Bush again called for repeal of the estate tax.
The new law does not repeal a requirement for management of insured depository institutions to report publicly on internal controls over financial reporting, even though earlier drafts of the legislation called for its repeal.
Effective for plan years commencing in 1997, the Act repeals the family aggregation rules described above.
NEW YORK, April 1 /PRNewswire/ -- "We urge the State Legislature to repeal the hotel tax NOW
For Eternal, the repeal of the Agricultural Tax is particularly beneficial.
The repeal of the installment method was effective for sales or other dispositions occurring on or after Dec.
Pennsylvania simply cannot balance its budget this year if any additional tax repeals are passed by the General Assembly.
Users can calculate estate taxes in two ways, either assuming repeal of estate tax in 2010 and reverting back to the old law in 2011 - as legislated, or via permanent repeal of the estate tax for all years after 2009.
The concern with the estate tax is that in 2010 the new law repeals the tax for just one year, and with two presidential elections and five congressional elections between now and then, it's impossible to know if the repeal will be permanent," said Cornell.