Saving Clause


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Saving Clause

In a statute, an exception of a special item out of the general things mentioned in the statute. A restriction in a repealing act, which is intended to save rights, while proceedings are pending, from the obliteration that would result from an unrestricted repeal. The provision in a statute, sometimes referred to as the severability clause, that rescues the balance of the statute from a declaration of unconstitutionality if one or more parts are invalidated.

With respect to existing rights, a saving clause enables the repealed law to continue in force.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The official added that all regulations imposed in Pata would be repealed once the president signs the bill without the saving clause'.
In Perry v Thomas, (70) the Court gave a narrow reading to the saving clause. (71) In Perry, the Court held that the FAA preempted a California law that provided that actions for collection of wages could be brought in court despite the existence of an arbitration agreement.
As noted briefly above, the saving clause of most U.S.
(49) Courts that do not uphold collective action waivers rely on Sections 7 and 8 of the NLRA, the NLRB's interpretation of the NLRA, and the "saving clause" in the FAA.
(112) Since the agreement is unlawful under the NLRA, however, it meets the criteria of the FAA's saving clause for nonenforcement, (113) and there is no conflict between the statutes.
Nevertheless, the FAA contains a "saving clause" that allows courts to invalidate arbitration agreements so long as they are deemed invalid on the basis of generally applicable principles of contract law that do not disfavor arbitration.
A second open question, as mentioned during the Panel, is interweaving a "saving clause" along with the exceptions thereto into existing treaties.
There does not appear to be any statutory reason for denying a defendant who is not a citizen of the state in which the federal court is sitting the right to remove a maritime action brought under the saving clause. The language of the removal statute--Section 1441 of the Judicial Code-clearly seems applicable.
(76) In deciding that an Arizona statute authorizing the withdrawal of business licenses of employers who hire unauthorized aliens was a valid licensing law and hence fell within the scope of the saving clause, the majority objected that the dissenters' more limited interpretation of the saving clause was "untethered from the [statutory] text." (77) A plurality also stated that the precedents "establish that a high threshold must be met if a state law is to be preempted for conflicting with the purposes of a federal Act." (78)
52, 61 (1990) (stating "[w]e read the deemer clause to exempt self-funded ERISA plans from state laws that 'regulat[e] insurance' within the meaning of the saving clause").
Prior to claiming tax treaty benefits, it is important to note that most of the tax treaties to which the United States is a signatory contain a "saving clause." This clause is intended to prevent residents of one treaty country who are also citizens or residents of the other country from using the tax treaty to reduce their U.S.