Repeal: A Comprehensive Guide to Its Legal Meaning and Effects

Q: Can a law be repealed without a public vote?

Yes, many laws can be repealed through legislative action alone, depending on state rules.

Q: What happens if a repealing statute is later repealed?

The original law may be revived if the repealing statute is revoked.

Definition & Meaning

Repeal refers to the act of officially revoking or canceling a law or regulation. This process can occur through various means, such as the passage of a new statute that contradicts the existing law or through a public vote in a referendum. For example, the repeal of the 18th Amendment, which established prohibition, was accomplished through the 21st Amendment. In some cases, a law can be implicitly repealed if a new law is enacted that is inconsistent with it. If a repealing statute is later revoked, the original law may be reinstated.

Table of content

Legal Use & context

The term "repeal" is commonly used in various areas of law, including constitutional law, legislative processes, and administrative regulations. It is crucial in determining how laws evolve and how outdated or conflicting regulations can be removed from the legal framework. Users may need to navigate forms or procedures related to repeals, especially when participating in referendums or legislative advocacy. US Legal Forms provides templates that can assist individuals in understanding and managing these legal processes effectively.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: In 1933, the 21st Amendment was ratified to repeal the 18th Amendment, effectively ending the prohibition of alcohol in the United States.

Example 2: A state legislature passes a new law that conflicts with an existing statute regarding environmental regulations; the older law may be considered repealed by implication. (hypothetical example)

Relevant laws & statutes

Key statutes related to repeal include:

The 21st Amendment (repealing prohibition)
Various state laws governing legislative processes and referendums

State-by-state differences

State	Repeal Process
California	Requires a two-thirds majority in both legislative chambers for repeal of certain laws.
Texas	Allows for repeal through a simple majority vote in the legislature.
New York	May require a public referendum for significant repeals, especially constitutional amendments.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Repeal	Officially revoking a law or regulation.	Involves formal legislative or public action.
Amendment	A change or addition to a law or constitution.	Amendments modify existing laws, while repeals remove them.
Rescind	To revoke or cancel a decision or agreement.	Rescinding often applies to contracts, not laws.

Common misunderstandings

What to do if this term applies to you

If you are involved in a situation where a law may be repealed, consider the following steps:

Research the specific law and the repeal process in your state.
Engage with local advocacy groups if you wish to support or oppose a repeal.
Utilize US Legal Forms to find templates that can help you draft petitions or letters related to the repeal.
If the matter is complex or involves significant legal implications, seek advice from a legal professional.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Typical fees: Varies by state and process.
Jurisdiction: State and federal levels.
Possible penalties: None for repeal, but consequences may arise from the law being removed.