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 When a law is repealed, however, it is completely abrogated.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of U. S. Constitutional provisions require an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment. 2) n. the act of annulling a statute.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, 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 A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute. 1 Ham. 10: 2 Bibb, 96; Harper, 101;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and a new statute is passed imposing a greater or a lesser penalty, for the same offence, the former statute is repealed by implication. 5 Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373.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 By the common law when a statute repeals another, and afterwards the repealing statute is itself repealed, the first is revived. 2 Blackf. 32.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 When a law is repealed, it leaves all the civil rights of the parties acquired under the law unaffected. 3.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 When a penal statute is repealed or so modified as to exempt a class from its operation, violations committed before the repeal are also exempted, unless specifically reserved, or unless there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 ?
However, we understand that most IP arrangements encourage competition and innovation, to the benefit of consumers, and this repeal will not change our approach to those arrangements, Mr Ridgeway said.
The repeal of the European Communities Act 1972 will take effect when Britain formally leaves the EU on October 31.
Summary: New Delhi [India], August 2 (ANI): Parliament on Friday approved the Repealing and Amending Bill, 2019 that repeals 58 obsolete and irrelevant laws with the Rajya Sabha passing it by voice vote.
Shope, R-Coolidge offered an amendment to attach the repeal to an unrelated education bill, SB1394.
Some of the literature cited by repeal opponents warned that apprenticeship training would fall by 30 to 50 percent.
In June this year, the Senate Standing Committee on National Health Services, Regulations and Coordination had approved the West Pakistan Juvenile Smoking (Repeal) Bill 2018.
An appetite for the repeal remains, according to according to David L.
The Republican-led Senate narrowly voted to repeal the Consumer Financial Protection Bureau's regulation.
For seven years, Republicans have said they would repeal President Barack Obama's signature domestic achievement and replace it with a new health care system more palatable to conservatives.
Senate to replace much of the law with block grants to states addresses concerns he raised that past repeal efforts would have shifted too much cost to the states.
Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) - and 48 Democrats disappointed the nation by voting down the so called "skinny repeal" bill 51-49.
The outcome was a huge relief for President Donald Trump, who had pushed his fellow Republicans hard in recent days to live up to the party's campaign promises to repeal the 2010 Affordable Care Act, commonly known as Obamacare.