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- A law says it can never be repealed — can that be enforced.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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