Repeal

Lore & Background

A repeal is the removal or reversal of a law, derived from Old French *rapel*. A full repeal abolishes an entire act, while a partial repeal cancels only a specified part or provision, leaving the rest in force. Repeals may be with or without re-enactment; re-enactment typically updates or amends the law, as when the Poor Laws in England were replaced by modern social welfare legislation in 1948. A repeal without replacement occurs when a law is no longer effective or has more negative consequences than intended, as seen with the repeal of the Corn Laws in 1846, the Jim Crow laws, and the Twenty-first Amendment’s repeal of Prohibition in the United States—the only constitutional amendment ever repealed. Express repeal uses explicit words in a new statute to delete an earlier one; in the U.S., all repeals of the U.S. Code are express, with the text removed and replaced by a note. Implied repeal arises when two statutes are mutually inconsistent, causing the later one to override the earlier *pro tanto* (to the extent of the inconsistency). Repeals may include savings provisions, preserving the repealed law’s effect for limited purposes, such as retaining rights granted under it; in England and Wales, the Interpretation Act 1978 sets general savings. Without savings, the repealed statute is completely obliterated. In parliamentary procedure, a motion to rescind, repeal, or annul cancels a previously adopted action. Advocates of a repeal campaign may be called “repealers,” as in 19th-century Ireland’s Repeal Association, which sought independence by repealing the Acts of Union 1800.

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The concept of repeal is fundamental to legal systems, allowing legislatures to remove or update laws that are outdated, harmful, or no longer effective.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.