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With respect to existing rights, a saving clause enables the repealed law to continue in force.

See: condition, loophole, reservation, salvo

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References in periodicals archive ?

17) The Court commented, "Although [section]2's saving clause preserves generally applicable contract defenses, nothing in it suggests an intent to preserve state-law that stands as an obstacle to the accomplishment of the FAA's directives.

When must a dispute be submitted to arbitration? Who makes the call?

Justice Breyer explained that, in Geier, the Court divided the preemption question into "three subsidiary questions": (1) "[W]hether the statute's express pre-emption provision preempted the state tort suit;" (2) whether the saving clause "foreclose[d] or limit[ed] 'the operation of ordinary pre-emption principles insofar as those principles instruct us to read' federal statutes as pre-empting state laws .

American Honda, acknowledged that the statute had a saving clause that appeared to preserve state common law claims but concluded that "the saving clause (like the express preemption provision) does not bar the ordinary working of conflict pre-emption principles.

Preemption as inverse negligence per se

ERISA-regulated plan, our understanding of the saving clause must be

The state of ERISA after 35 years: complex, yet arguably simplistic, which federal statute may be unraveled with a touch of supreme common sense

55) The Court never took up the question of the role of the saving clause because it rejected preemption for other reasons.

The mature product preemption doctrine: the unitary standard and the paradox of consumer protection

It would ultimately be essential for any perceived interpretation of the saving clause in favour of the exceptional right to secession to reflect a "fundamental principle of international law" (see above (35)).

Implications of Kosovo, Abkhazia and South Ossetia for international law: the conduct of the community of states in current secession conflicts

The Medical Device Amendments to the Food, Drug, and Cosmetics Act contain an express preemption clause that uses the magic word "requirement" and does not have a saving clause.

The perils of preemption: the Bush administration has strongly advocated preemption of state common law tort claims, seeking to deny civil justice to plaintiffs who are harmed by federally regulated products and activities. What should the next administration and Congress do to turn around those efforts?

In its analysis, the Court pointed to the saving clause and held that this clause does not bar the ordinary working of conflict preemption principles.

Supreme Court Deals Cities A Victory and A Defeat

358 (1999), again sought to "clarify" the framework for determining whether a state law "regulates insurance" and thus escapes preemption under ERISA's saving clause.

Pilot Life pushed ERISA's preemption pendulum to the top of its arc, but didn't suspend the law of gravity

an earlier decision finding implied preemption in an auto case, for the proposition that "neither an express preemption provision nor a saving clause `bars the ordinary working of conflict preemption principles.

An antidote to preemption: plaintiff lawyers can see to it that the Supreme Court's Buckman decision does not spread preemption to perfectly healthy products claims

Three provisions of ERISA address preemption: the preemption clause,(5) the saving clause,(6) and the deemer clause.

ERISA's silence on reimbursement

The revocation of the ordinance carries some saving clauses meant to be helpful to the anti-graft measures taken under the emergency rules.