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{{Short description|Removal or reversal of a law}}
{{
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]].
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*The old [[Jim Crow law]]s or [[blue law]]s in the US
*The [[Corn Laws]] in [[England]], repealed in 1846 after a passionate campaign.
*[[Repeal of Prohibition in the United States]]. Enacted by the [[Eighteenth Amendment to the United States Constitution]], [[Prohibition in the United States|prohibition of alcoholic beverages]]
*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Act 2007 (Ireland)|Statute Law Revision Act 2007]] in the [[Republic of Ireland]], through which 3,225 Acts were repealed, dating back over eight centuries to 1171 and the earliest laws enacted by [[England]] when it began its invasion of [[Ireland]]. The statutes repealed include a number of Acts of significant historical interest, including an Act of 1542 providing that the Kings of England shall be Kings of Ireland.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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A '''repeal without savings''' eliminates the repealed statute completely.
A '''repeal with savings''' preserves the effect of the repealed statute for limited purposes, such as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 = 306–307}}</ref> [[Demeter's Manual of Parliamentary Law and Procedure|Demeter's Manual]] imposes a similar requirement.<ref>{{cite parl|title=DEM|pages=165}}</ref>
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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 ''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.<ref name=":2" /> The expunged motion is not included in any [[minutes]] published thereafter.<ref name=":1" />
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{{Parliamentary Procedure}}
{{Authority control}}
[[Category:Statutory law]]
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