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 When a law is repealed, however, it is completely abrogated.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of U. S. Constitutional provisions require an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment. 2) n. the act of annulling a statute.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 A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute. 1 Ham. 10: 2 Bibb, 96; Harper, 101;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and a new statute is passed imposing a greater or a lesser penalty, for the same offence, the former statute is repealed by implication. 5 Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373.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 By the common law when a statute repeals another, and afterwards the repealing statute is itself repealed, the first is revived. 2 Blackf. 32.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 When a law is repealed, it leaves all the civil rights of the parties acquired under the law unaffected. 3.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 When a penal statute is repealed or so modified as to exempt a class from its operation, violations committed before the repeal are also exempted, unless specifically reserved, or unless there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 ?
If there is a complete repeal of the federal estate tax, will the gift tax also be repealed? If so, there would be no impediment on wealthy clients transferring large portions of their wealth to irrevocable trusts.
It was repealed so quietly that it never made the news, unlike the thousands of headlines generated by the 1986 protests that prompted its passage.
Repeal, The Senate (Elections of members from the Federally Administered Tribal Areas) Order, 2015 is hereby repealed.
Baghdad (NINA) - Border Forces repealed and armed attack and two attempts to cross the borders from Syria into Iraq.
Unless the rule is repealed, upon irs implementation, federal, state and local governments with more than $100 million in annual expenditures will have to withhold 3 percent of their payments for goods and services and turn those funds over to the IRS.
2, the Senate defeated a similar measure that would have repealed the health reform law.
Thousands of people will gather for opening meets across the country this weekend with hunters and supporters increasingly hopeful that the previous Labour Government's Hunting Act 2004 will be repealed by the Tory-Lib Dem coalition.
On one hand we are being told that hunting is more popular than ever, while on the other we are being told the Hunting Act must be repealed. If the Hunting Act 2004 has resulted in increased popularity then why repeal the legislation?
The Death Tax was temporarily repealed as part of the Bush administration's 2001 tax cuts.
They encouraged members to call and write their legislators to demand that the tax be repealed. In the end, over 2,600 emails were sent to legislators from Chamber members alone.
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.
AB 115 repealed the previous tax shelter registration rules and adopted the federal material adviser disclosure provisions of the American Jobs Creation Act of 2004, that mandate disclosure of reportable transactions, such as listed, confidential and loss transactions; transactions with contractual protections, such as contingency fees; transactions with significant book-tax differences; and transactions with a brief asset holding period.