Saving Clause

(redirected from saving clauses)
Also found in: Dictionary.

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With respect to existing rights, a saving clause enables the repealed law to continue in force.

Mentioned in ?

References in periodicals archive ?

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

(63) The authorizing statute contained both an express preemption provision and a saving clause. After determining that the express preemption provision did not preempt the plaintiffs' claims, (64) the Geier Court proceeded to consider whether the claims were impliedly preempted.

Geier was also significant because the Court directly addressed the role of the saving clause in the preemption analysis.

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

Statutes lacking saving clauses can be amended to add them.

As with implied preemption generally, the easiest way to limit Buckman-style preemption of claims based on fraud on federal agencies is for Congress to enact appropriate saving clauses in the relevant statutes.

In Geier, the Court found that a plaintiff's run-of-the-mill products liability claim against an auto manufacturer posed an undue obstacle to attaining the policies implicit in the federal auto safety program, even though the statute involved contained an express preemption clause and a saving clause explicitly preserving state common law claims.

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?

As noted briefly above, the saving clause of most U.S.

Both provisions of the Hungary Treaty are carved out from the saving clause pursuant to Article 1(5)(a) of the Hungary Treaty.

Using Income Tax Treaties to Convert Taxable Income Into Nontaxable Distributions

(82) Unlike in Whiting, the majority (including Justice Thomas) did not hesitate to read the saving clause narrowly in light of purposes attributed to the federal statute.

(87) The other was a saving clause, providing that "[c]ompliance with" a federal safety standard "does not exempt any person from any liability under common law." (88) A broad reading of the preemption clause, the majority thought, would entirely negate the saving clause.

Preemption and textualism

(130) The saving clause makes it clear that Congress did not explicitly preempt states here.

Indeed, NANPCA's saving clause, which recognizes the authority of states to pass their own control measures, arguably encourages states to pass laws that supplement the federal regulations.

Noontime dumping: why states have broad discretion to regulate onboard treatments of ballast water