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 When a law is repealed, however, it is completely abrogated.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of U. S. Constitutional provisions require an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment. 2) n. the act of annulling a statute.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 A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute. 1 Ham. 10: 2 Bibb, 96; Harper, 101;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 ?
He said when the NDA government came to power in 2014, it started identifying obsolete laws and it has so far repealed 1428 such laws.
The Statutes Repeal Bill will repeal or partially repeal 137 pieces of legislation, and will reduce the total number of laws on the Statute Books by 128.
Fox News came up with comparable results last month, when it had a polling firm ask about ACA repeal when it commissioned a national survey of its own.
Any provision therefore in the proposed initiative that attempts to limit repeal is facially defective," said Aquino, an expert on constitutional law.
2, the Senate defeated a similar measure that would have repealed the health reform law.
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.
27, Bush again called for repeal of the estate tax.
(8.) The impact of repeal on the change over time in the census in wage growth rates (for example, 1980-90 wage growth relative to 1970-80 wage growth in repealing versus non-repealing states) is small and statistically insignificant, suggesting a need for some caution in assigning a strong causal interpretation to our findings; state repeals may he correlated with preexisting factors that affect construction labor markets.
Effective with respect to loans made after August 20,1996, the Act repeals the 50-percent interest exclusion.
The 1999 Act repealed the installment method for most accrual-basis taxpayers by adding Sec.
31, 1992, this AMT preference item has been repealed. Taxpayers who in the past could not fully use these contribution deductions may now be more likely to make such contributions, as their after-tax cost may be substantially reduced.
The repeal of the beneficial tax treatment for partnership redemption payments (other than to general partners in personal service partnerships) will eliminate partnership deductions for the acquisition of unrealized receivables and unstated goodwill on the complete liquidation of a partner's interest.