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.
Some examples of temporary laws:
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.
In the law of the United States, the Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of these laws appears in the United States Statutes at Large, a chronological, uncodified compilation.
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law.
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement. Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written under seal by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity. However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect.
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the Statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it the power to take certain actions. For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation. The effects of enabling acts from different times and places vary widely.
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides for the law to cease to be effective after a specified date, unless further legislative action is taken to extend it. Unlike most laws that remain in force indefinitely unless they are amended or repealed, sunset provisions have a specified expiration date. This is not applicable in legal systems where the concept of desuetude applies.
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for their approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution, and these do not require the approval of the President. Laws enacted by joint resolutions are not distinguished from laws enacted by bills, except that they are designated as resolutions as opposed to Acts of Congress.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
The Criminal Law Amendment Act 1885, or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.
Teudat Zehut is the Israeli compulsory identity document issued by the Ministry of Interior, as prescribed in the Identity Card Carrying and Displaying Act of 1982: "Any resident sixteen years of age or older must at all times carry an Identity card, and present it upon demand to a senior police officer, head of Municipal or Regional Authority, or a policeman or member of the Armed forces on duty." According to a precedent from 2011, residents are entitled to refuse presenting the card, unless the state-official has a reason to suspect that they have committed an offence.
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King". This was subsequently interpreted by the courts to include imprisoning the king, on the ground that history had shown that when a king is held captive by a usurper, he often dies in captivity. Despite legislative efforts to restrict the scope of treason, judges and prosecutors in common law jurisdictions still succeeded in broadening the reach of the offence by "constructing" new treasons. It is the opinion of one legal historian that:
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.
The Copyright Act 1911, also known as the Imperial Copyright Act of 1911, was an Act of the Parliament of the United Kingdom (UK) which received royal assent on 16 December 1911. The act established copyright law in the UK and the British Empire. The act amended existing UK copyright law, as recommended by a royal commission in 1878 and repealed all previous copyright legislation that had been in force in the UK. The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute.
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.