Temporary law

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Temporary laws, temporary legislation or sunset legislation are laws whose duration is limited at the time of enactment. Temporary laws are often used to adapt for unusual or peculiar situations. Clauses limiting the duration of such laws are often called "sunset" clauses. [1]

Temporary laws are commonly given temporal validity by the inclusion of an expiration date at which the law ceases to be in effect unless it is extended. But a law can also acquire temporal status by stipulating that it only applies to a certain event. For example, only to the next election or only for victims of a named catastrophe.

Temporary laws are favored by adherents of experimentalist governance because it allows policy makers to conduct experiments and evaluate the effects of introducing legislation.

Temporary laws are often easier to pass since they last for a shorter time. [2]

Temporary law should not be confused with ratione temporis or temporal jurisdiction, which refer to the jurisdiction of a court of law in relation to the passage of time.

Examples

Some examples of temporary laws:

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The word "constructive" is one of the law's most useful frauds. It implies substance where none exists. There can be constructive contracts, constructive trusts, constructive fraud, constructive intent, constructive possession, and constructive anything else the law chooses to baptize as such. "Constructive" in this sense means "treated as". ... Constructive treason wasn't "real" treason but a vaguely defined, less potent category of conduct that the court deciding the particular case felt should be "treated as" treason. It was the perfect instrument of oppression, being virtually whatever the authorities wanted it to be.

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An unenforced law is a law which is formally in effect, but is usually not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them. The existence of unenforced laws has been criticized for undermining the legal system in general, as such laws may be selectively enforced.

References

  1. Inc., US Legal. "Temporary Statue Law and Legal Definition - USLegal, Inc". definitions.uslegal.com.{{cite web}}: |last= has generic name (help)
  2. Fagan, Frank (October 2012). "Law and the Limits of Government: Temporary versus Permanent Legislation". SSRN   2159549.