Repealed vs. Revoked
What's the Difference?
Repealed and revoked are both terms used in legal contexts to describe the cancellation or annulment of a law, regulation, or decision. However, there is a key difference between the two terms. Repealed typically refers to the formal removal or abolition of a law through a legislative process, while revoked generally refers to the cancellation or withdrawal of a decision or privilege by an authority figure. In essence, repealed is often used in the context of laws and regulations, while revoked is more commonly used in the context of licenses, permits, or contracts.
Comparison
Attribute | Repealed | Revoked |
---|---|---|
Definition | Officially withdrawn or abolished by a legislative act | Officially cancel or annul a law, agreement, or decision |
Usage | Commonly used in legal contexts | Commonly used in administrative contexts |
Effect | Removes the legal force of a law | Invalidates or cancels a previous decision or agreement |
Further Detail
Definition
Repealed and revoked are two terms that are often used interchangeably, but they actually have distinct meanings in legal contexts. When a law is repealed, it is officially abolished or annulled by a legislative body. This means that the law is no longer in effect and cannot be enforced. On the other hand, when a law is revoked, it is cancelled or rescinded by the authority that originally enacted it. This means that the law is nullified and no longer has any legal force.
Process
The process of repealing a law typically involves passing a new law that explicitly states the old law is no longer valid. This can be done at the federal, state, or local level depending on the jurisdiction. Repealing a law requires a formal legislative process, such as a vote in a legislative body. On the other hand, revoking a law can be done by the same authority that enacted it, such as an executive order or administrative action. Revocation does not always require a formal legislative process.
Effect
When a law is repealed, it is completely erased from the legal system and no longer has any legal effect. This means that any actions taken under the repealed law are no longer valid. On the other hand, when a law is revoked, it is simply cancelled and no longer in force. This means that any actions taken under the revoked law may still be valid, depending on the circumstances.
Scope
Repeal can apply to a single provision of a law, an entire law, or even a series of laws. It can also be temporary or permanent, depending on the intent of the legislative body. Revocation, on the other hand, typically applies to a specific law or regulation and is usually permanent. Revocation is often used to correct errors or address changing circumstances.
Authority
Repeal is usually done by a legislative body, such as a parliament or congress, that has the authority to make and change laws. Revocation, on the other hand, can be done by the authority that originally enacted the law, such as a government agency or executive branch. Revocation is often used to address immediate concerns or emergencies.
Examples
An example of a law being repealed is the Prohibition Act in the United States, which was repealed by the 21st Amendment. This completely abolished the Prohibition Act and allowed for the legal sale of alcohol again. An example of a law being revoked is an executive order issued by a president that is later cancelled by a subsequent president. This nullifies the executive order and removes its legal effect.
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