HOME

TheInfoList



OR:

A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of
secondary legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democra ...
is normally referred to as revocation rather than repeal in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
and
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
. Under the
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
of
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In
parliamentary procedure Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense ...
, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly.


Partial or full repeals

A partial repeal occurs when a specified part or provision of a previous Act is repealed but other provisions remain in force. For example, the
Acts of Union 1800 The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ir ...
, providing for the union between the formerly separate kingdoms of
Great Britain Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It i ...
and
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
as the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, was partially repealed in 1922, when (as a consequence of the 1921 Anglo-Irish Treaty), twenty-six of the thirty-two counties of Ireland were constituted as the Irish Free State, and ceased to form part of the United Kingdom. A full repeal occurs where the entire Act in question is repealed.


Repeal with or without re-enactment

A typical situation where an Act is repealed and re-enacted is where the law in the area is being updated but the law being repealed needs to be replaced with one suitable for the modern era. Re-enactment can be with or without amendment, although repeal and re-enactment without amendment normally occurs only in the context of a
consolidation bill A consolidation bill is a bill introduced into the Parliament of the United Kingdom with the intention of consolidating several Acts of Parliament or Statutory Instruments into a single Act. Such bills simplify the statute book without significan ...
(a bill to consolidate the law in a particular area). For example, the repeal of the Poor Laws in England in 1948 reflected their replacement by modern social welfare legislation. A repeal without replacement is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned. If a campaign for the repeal of a particular law gains particular momentum, an advocate of the repeal might become known as a "repealer". The
Repeal Association The Repeal Association was an Irish mass membership political movement set up by Daniel O'Connell in 1830 to campaign for a repeal of the Acts of Union of 1800 between Great Britain and Ireland. The Association's aim was to revert Ireland to th ...
in 19th-century Ireland advocated Irish independence through repeal of the
Acts of Union 1800 The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ir ...
. Many repeals without replacement are the result of significant changes in
society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soci ...
. Major examples include: *The old Jim Crow laws or blue laws in the US *The
Corn Laws The Corn Laws were tariffs and other trade restrictions on imported food and corn enforced in the United Kingdom between 1815 and 1846. The word ''corn'' in British English denotes all cereal grains, including wheat, oats and barley. They wer ...
in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, repealed in 1846 after a passionate campaign. *
Repeal of Prohibition in the United States The repeal of Prohibition in the United States was accomplished with the passage of the Twenty-first Amendment to the United States Constitution on December 5, 1933. Background In 1919, the requisite number of state legislatures ratified the Eig ...
. Enacted by the Eighteenth Amendment to the United States Constitution, prohibition of alcoholic beverages was repealed by the Twenty-first Amendment. This is the only constitutional amendment to have ever been repealed in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. *The massive Statute Law Revision Act 2007 in the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
, through which 3,225 Acts were repealed, dating back over eight centuries to 1171 and the earliest laws enacted by
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
when it began its invasion of
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
. The statutes repealed include a number of Acts of significant historical interest, including an Act of 1542 providing that the Kings of England shall be Kings of Ireland. This Act is the largest single repealing statute in the history of Ireland.


Express or implied repeal

The repeal of a statute may be either express or implied.Vauxhall Estates, Ltd. v. Liverpool Corporation
932 Year 932 ( CMXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Alberic II leads an uprising at Rome against his stepfather Hugh of Provence ...
1 KB 733
Express repeal occurs where express words are used in a statute to repeal an earlier statute. They are now usually included in a table in a schedule to the statute, for reasons of convenience. In the United States, when a bill is passed by the House and Senate and signed by the president, or Congress overrides a presidential veto, the various provisions contained within the newly enacted law are rearranged according to their policy content and cataloged in the United States Code—a compilation of the general and permanent federal laws of the United States. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code (including the title, chapter, part, section, paragraph and clause). In this way, Congress (and the president) must follow the same rules and procedures for passing any law. When statutes are repealed, their text is simply deleted from the Code and replaced by a note summarizing what used to be there. Once deleted, the repealed statute no longer has the force of law. All repeals of parts of the US Code are, therefore, express repeals. Implied repeal occurs where two statutes are mutually inconsistent. The effect is that the later statute repeals the earlier statute pro tanto (in so far as it is inconsistent). As past and future parliaments are equally sovereign, later parliaments can carry out implied repeal of earlier statute by passing an inconsistent statute, but inconsistency needs to be established before implied repeal can occur.


Repeals with or without savings

Repeals can be with or without savings. A repeal without savings eliminates the repealed statute completely. A repeal with savings preserves the effect of the repealed statute for limited purposes, such as preventing the reversal of any repeals contained within it, or ensuring that rights granted under its authority are retained. In England and Wales, sections 15 to 17 and 19(2) of the Interpretation Act 1978 set out general savings for all repeals. These re-enact similar provisions from the
Interpretation Act 1889 The Interpretation Act 1889 (52 & 53 Vict c 63) was an Act of the Parliament of the United Kingdom. In Northern IrelandSection 48(2)of the Interpretation Act (Northern Ireland) 1954 provided that without prejudice to 48(1) of that Act, the Inte ...
, and before 1953 all Statute Law Revision Acts contained a different general savings provision deemed the ''Westbury'' saving, which has now fallen out of use. Similar provisions exist in the law of Ireland and other common law countries.


Parliamentary procedure


Robert's Rules of Order Newly Revised (RONR)

In meetings of a deliberative assembly, the motions to rescind (or "repeal" or "annul") and amend something previously adopted are used to change action that was taken. They are two forms of the same incidental main motion and they follow the same rules. A motion to postpone an event or action previously scheduled is a particular case of the motion to amend something previously adopted. Under Robert's Rules of Order, the rules for this motion protect against instability arising from small variations in attendance from one meeting to the next. For this reason, the requirements for changing a previous action are greater than those for taking the action in the first place. A motion to rescind, repeal, annul or amend something already adopted requires a two-thirds vote, a majority vote with previous notice, or a vote of a majority of the entire membership, any one of which would suffice. Demeter's Manual imposes a similar requirement. When this motion is used in a committee, RONR requires a two-thirds vote unless all committee members who voted for the motion to be rescinded or amended are present or have received ample notice; in which case a majority vote is required.


The Standard Code of Parliamentary Procedure (TSC)

Under
The Standard Code of Parliamentary Procedure ''The Standard Code of Parliamentary Procedure'' (formerly the ''Sturgis Standard Code of Parliamentary Procedure'' by Alice Sturgis) is a book of rules of order. It is the second most popular parliamentary authority in the United States after ...
, a repeal or amendment of something already adopted requires only the same vote (usually a majority) and notice that was needed to adopt it in the first place. (TSC) This book states, "As a general rule, fewer than a majority should not be authorized to decide anything, and more than a majority should not be required for most decisions"; the book further states that the problem with situations in which a supermajority is required is that "the minority, not the majority, controls."


Legislative use

In legislative bodies, the motion to rescind is used for much the same purpose as the motion to
reconsider In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally ...
; many court decisions treat the two motions as one motion. However, in legislative contexts, it is not the same as a motion to repeal. The difference between rescind and reconsider is that the motion to rescind is ordinarily applied to actions that have been taken and are already in effect. It has been described as being in the nature of a motion to amend by striking out the entire proposal and leaving nothing remaining. It is not in order when the question can be reached by a motion to reconsider. Once legislation has been actually enacted, it is too late to rescind. The vote required to rescind is the same as would be required to repeal the act which it sought to rescind (usually a majority).


Rescind and expunge from the minutes

The motion to rescind and expunge from the minutes is used to express the strongest disapproval about action previously taken by a deliberative assembly. Using ''Roberts Rules of Order Newly Revised'', this motion requires a vote of a majority of the entire membership. Using ''The Standard Code of Parliamentary Procedure'', the motion to expunge requires a majority vote (of those voting). The secretary does not erase the expunged motion, but draws a line around it, marks it "expunged by order of this assembly," gives the date of the expunging, and signs the notation. The expunged motion is not included in any minutes published thereafter.


See also

* Reconsideration of a motion * Obrogation


References

{{Authority control Statutory law Legislative legal terminology *Main