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Jnestorius (talk | contribs) →Repeal with or without re-enactment: This happened in the 19th-century UK to advocates of "Repeal of the Union": the re-separation of Ireland from Great Britain through repeal of the Acts of Union 1800. |
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{{Short description|Removal or reversal of a law}}
{{Redirect|Repeal Bill|the specific UK bill previously known by that name|European Union (Withdrawal) Act 2018}}
A '''repeal''' (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal)<ref>{{EB1911|inline=1|wstitle=Repeal}}</ref> is the removal or reversal of a [[law]]. 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 [[primary and secondary legislation|secondary legislation]] is normally referred to as revocation rather than repeal in the [[United Kingdom]] and [[Ireland]]. Under the [[common law]] of [[England and Wales]], the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed."<ref>Kay v. Goodwin (1830) 6 Bing. 576, per Tindal C.J.</ref> This, however, is now subject to savings provisions within the [[Interpretation Act 1978]].
In [[parliamentary procedure]], the [[Motion (parliamentary procedure)|motion]] to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the [[Deliberative assembly|assembly]].
==Partial or full repeals==
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A '''full repeal''' occurs where the entire Act in question is repealed.
=={{anchor|Reenactment}}<!-- [[Repeal with reenactment]] redirects here -->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A typical situation where an Act is '''repealed and re-enacted''' is where the law in the area is being updated but the law being repealed needs to be replaced with one suitable for the modern era.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 bill to consolidate the law in a particular area).
For example, the repeal of the [[Poor Law]]s 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".
Many repeals without replacement are the result of significant changes in [[society]]. Major examples include:
*
*The [[Corn Laws]] in [[England]], repealed in 1846 after a passionate campaign.
*[[Repeal of Prohibition
*The massive [[Statute Law Revision Act 2007 (Ireland)|Statute Law Revision Act 2007]] in the [[Republic of Ireland]], through which 3,225 Acts were repealed, dating back over eight centuries to 1171 and the earliest laws enacted by [[England]] when it began its invasion of [[Ireland]]. 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==
{{More citations needed section|date= June 2024}}
The repeal of a [[statute]] may be either express or [[implied repeal|implied]].<ref name="ReferenceA">Vauxhall Estates, Ltd. v. Liverpool Corporation [1932] 1 KB 733</ref>
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==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
== Parliamentary procedure ==
===Robert's Rules of Order Newly Revised (RONR)===
{{
| name = Rescind, repeal, or annul or Amend something previously adopted (RONR)
| class = B
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| voterequired = Majority with notice; or two-thirds; or [[majority of entire membership]]
| reconsidered = Negative vote only
}}In [[Meeting (parliamentary procedure)|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.<ref>{{Cite book|title = Robert's Rules of Order Newly Revised|last = Robert|first = Henry M.|publisher = Da Capo Press|year = 2011|isbn = 978-0-306-82020-5|location = Philadelphia, PA|pages = 305|edition = 11th
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.<ref>{{Harvard citation no brackets|Robert|2011|p = li}}</ref> 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.<ref name=":0">{{Harvard citation no brackets|Robert|2011|pp =
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.<ref name=":0" />
===The Standard Code of Parliamentary Procedure (TSC)===
Under [[The Standard Code of Parliamentary Procedure]], 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.<ref name=":1">{{cite parl|title=TSC|pages=43}} (TSC)</ref> 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."<ref>TSC, p. 130</ref>
===Legislative
In legislative bodies, the motion to rescind is used for much the same purpose as the motion to [[reconsider]]; 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).<ref>{{cite parl|title=MAS|edition=2000|year=2000|pages=321–323}}</ref>
=== 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 [[Robert's Rules of Order|''Roberts Rules of Order Newly Revised'']], this motion requires a vote of a majority of the entire membership.<ref name=":2">{{Harvard citation no brackets|Robert|2011|p = 310}}</ref> Using
== See also ==
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{{Parliamentary Procedure}}
{{Authority control}}
[[Category:Statutory law]]
[[Category:
[[Category:Repealed legislation|*Main]]
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