Repeal

Lore & Background

A full repeal occurs where the entire act is repealed. Express repeal occurs where express words are used in a statute to repeal an earlier one; in the United States, all repeals of parts of the U.S. Code are express. Implied repeal occurs where two statutes are mutually inconsistent, with the later statute repealing the earlier one pro tanto (in so far as it is inconsistent). Repeals can be with savings, which preserve the effect of the repealed statute for limited purposes, or without savings, which eliminate the repealed statute completely.

Reader's Guide

The concept of repeal is fundamental to legal systems, allowing legislatures to remove or update laws that are outdated, harmful, or no longer effective. The distinction between repeal with and without re-enactment reflects different legislative goals: updating law for modern circumstances versus abolishing provisions entirely. The difference between express and implied repeal addresses how conflicts between statutes are resolved, with implied repeal relying on the principle that later parliaments are sovereign and can override earlier statutes through inconsistency. In parliamentary procedure, the motion to rescind or repeal requires a higher threshold than original adoption under Robert's Rules of Order (two-thirds vote, majority with notice, or majority of entire membership) to protect against instability from fluctuating attendance. The Standard Code of Parliamentary Procedure, however, requires only the same vote as original adoption, arguing that supermajority requirements give control to the minority. The term 'repealer' has been used for advocates of repeal, such as the Repeal Association in 19th-century Ireland.

Did You Know?

• The Twenty-first Amendment to the U.S. Constitution is the only constitutional amendment to have ever been repealed in the United States.
• Under the common law of England and Wales, repealing a statute originally obliterated it completely as though it had never been passed.