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Operation and Repeal of Statutes

Operation of Statutes

Statutes are laws enacted by legislative bodies and are binding legal rules that must be followed by individuals and institutions. Once a statute has been passed by the legislature, it comes into operation or effect on the date specified in the statute or, if no date is specified, on the date of the statute’s enactment. The operation of a statute means that it becomes part of the legal system and is enforceable by the courts.

Repeal of Statutes

A statute may be repealed or revoked by the legislative body that enacted it or by a subsequent legislature. Repeal means the complete removal of a statute from the legal system, so that it is no longer enforceable. The repeal of a statute can be express or implied. Express repeal occurs when the legislature specifically passes a law revoking the statute in question. Implied repeal occurs when a subsequent statute is enacted that is inconsistent with or conflicts with the earlier statute, and the court interprets the later statute as having the effect of repealing the earlier statute.

Repeal can also be temporary or permanent. A temporary repeal, also known as a sunset provision, is a provision in a statute that provides for the automatic termination of the statute on a specified date, unless the legislature takes action to extend or reenact the statute. A permanent repeal, on the other hand, is a complete removal of the statute from the legal system.

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