How to Get Rid of a Law: Understanding the Process and Exceptions

When it comes to law reform or abolition, it is important to understand the legal and political processes involved in getting rid of a law. This article will explore the general process of law repeal, detailed procedures for different types of laws in various jurisdictions, and exceptions to these general rules.

General Process of Law Repeal

The fundamental process for getting rid of a law is similar in most democratic countries. Typically, a law that has been enacted by a legislative body, such as the US Congress or the UK Parliament, can be repealed by the same legislative body that originally passed it. This involves passing a new bill that explicitly repeals the existing law. The bill must then undergo the necessary legislative procedures, which may include debate, amendments, and a vote.

Exceptions and Special Cases

However, there are significant exceptions and special cases where the process of law repeal is more complicated. For instance, some laws, particularly constitutional or quasi-constitutional laws, may have special protections against repeal or amendment. The US Constitution, for example, requires a resolution from both houses of Congress and ratification by three-fourths of the states to amend it.

Enforcement vs. Repeal

It is also worth noting that a law can be effectively de facto nullified without explicit repeal. In such cases, a law may remain on the books but not be enforced, as in the case of carrying wire cutters in Texas. Historical and cultural factors, political dynamics, and public attitudes may contribute to a law being enforced less strictly over time.

Jurisdictional Differences

The process of law repeal can vary significantly depending on the type of law and the jurisdiction in which it was enacted. Here is a breakdown of the process for different types of laws:

National Laws (Federal)

National laws are typically governed by a central legislative body, such as national parliaments. To repeal a federal law, the process involves:

Introducing a bill to repeal the existing law. Passing the bill through legislative debate, amendments, and voting. The bill, once passed, is sent to the head of state (e.g., the President in the US) for signature or veto. Overriding a presidential veto, if one is issued, usually requires a two-thirds majority in the legislature.

State Laws (Provincial)

State laws, on the other hand, are typically under the purview of provincial or state legislative bodies. The process to repeal a state law is similar to that of a national law but involves the relevant state legislature.

Local Laws (Municipal)

Local laws, such as those passed by city councils or town boards, are also subject to the same general process of repeal:

Introducing a bill to repeal the local law. Passing the bill through local debate, amendments, and voting. The bill is then sent to the local executive authority (such as a mayor) for signature or veto. Overriding a local executive veto, if one is issued, usually requires a majority in the local legislative body.

Ensuring a Rule of Law

Modern democracies should have mechanisms for reviewing and reforming laws. This might include:

Independent judiciary for reviewing the constitutionality of laws. Legislative committees dedicated to law reform and review. Public consultations and opportunities for citizens to provide feedback on proposed laws.

However, for these mechanisms to be effective, the state must be guided by a rule of law and must have functional democratic institutions.

Conclusion

Getting rid of a law is a complex process that varies significantly based on the type of law and the jurisdiction in which it was enacted. While the general process involves passing a new bill to repeal the existing law, there are significant exceptions and special cases. Understanding these processes is crucial for anyone seeking to reform or abolish a law.