Re-Enacting a Law and its Consequences

Document Type : Research Paper

Author

Assistant Professor, Shahrekord University

Abstract

Where the parliament re-enacts a law which is valid, there will be two
different laws with the same content. Yet it does not enact the same law.
This manner of legislation has many problems: if one of those laws is
repealed, what happens to the other one? Can all those laws be repealed?
Positive response is approvable by logic of norms and rules of law
because the concept of law does not correspond with subjects such as
statute, section and sub-section and so on, but it corresponds with the
function of law. Therefore, postulation of the validity of abrogated rule
or perception by citing another section result in inanity of legislator’s act
in repealing law. In addition, if the legislator amends a law deficient and
declares that all conflicted laws are repealed, there might be a challenge;
judicial orders cannot distinguish any contradictions. Also re-enacting
desuetuded law is not a good order of legislation. But high courts should
condemn applying laws in any circumstances.

Keywords