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NeCede's

Maxim 11.3.1

A clause in a law which precludes its own repeal is void from the beginning.

Clausula quae abrogationem excludit ab initio non valet.

Source: Bacon, Max. reg. 19; Broom, Max. (3d Lond. ed.) 27; Weisman, 16b Difficulty 2/5 — Approachable

Explanation

No legislature can bind its successors — a statute that declares itself unrepealable attempts to exceed the legislative power and is a nullity. (Duplicate maxim — see also 6.8.3.)

Where this applies

  • A law says it can never be repealed — can that be enforced.
  • The legislature tried to make a statute permanent and irrevocable.
  • A clause preventing the law's own repeal is void from the start.

Legal domains

See also

Cite this maxim

NeCede Max. 11.3.1 — A clause in a law which precludes its own repeal is void from the beginning. — Bacon, Max. reg. 19; Broom, Max. (3d Lond. ed.) 27; Weisman, 16b (Clausula quae abrogationem excludit ab initio non valet.)

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