Parts of Statutes Flashcards
Parts of Statutes (8)
- Title
- Preamble
- Enacting Clause
- Body
- Repealing Clause
- Saving Clause
- Separability Clause
- Effectivity Clause
Parts of the Body of Statutes (6)
- Short Title
- Definition of Terms
- Policy Sections
- Substantive Provisions
- Penal Clause
- Administrative Sections
What are statutes?
Written enactments of the will of the legislative branch
What is the title of a statute?
The heading on the preliminary part, furnishing the name by which the act is individually known
What is the preamble of a statute?
Part of statute explaining the reasons for its enactment and the objects sought to be accomplished. Usually, it starts with “whereas”.
The introductory part of the statute that usually states the reasons and intent of the law accomplished
Defined as a ‘prefatory explanation or statement, often commencing with the word ‘whereas,’’ which purports to state the reason or occasion for making a law or to explain in general terms the policy of the enactment
What is the enacting clause of a statute?
Part of statute which declares its enactment and serves to identify it as an act of legislation proceeding from the proper legislative authority. “Be enacted” is the usual formula used to start this clause.
What is the body of a statute?
Also known as the Purview of a statute. The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found.
What is the repealing clause of a statute?
It announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law
What is the saving clause of a statute?
The provision in a statute or contract that ensures certain rights, obligations, or legal provisions that continue to be in force even if other parts of the statute or contract are repealed, amended, or invalidated
A restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal.
What is the separability clause of a statute?
Also known as the Severability clause
The part of a statute which makes the statute’s parts or provisions severable so that one part can be invalidated without invalidating the whole
Provides that in the event that one or more provisions are unconstitutional, the remaining provisions shall still be in force
General rule and exception for separability clause
General rule: If a part of a statute is invalidated, the other portions may stand and be enforced
Exception: If the parts of the statute are “mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended the mas a whole, the nullity of one part will vitiate the rest.”
What is the effectivity clause of a statute?
Provision when the law takes effect and/or announces the effective date of the law.
The objective of this clause is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens
What is the short title in the body of a statute?
This provides simple and easy designation of the statutory enactment
What is the definition of terms in the body of a statute?
This controls the definition of the words used in the statute
What is the policy section in the body of a statute?
This usually enumerates the objectives of the statute and the policy it seeks to uphold
