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Mini Notes
Mini Notes
principles in the constitution, like changing how the not how big the change is.
government's powers are separated or how checks
and balances work. It's also a revision if the change The qualitative test inquiries into the qualitative
affects a lot of the constitution. effects of the proposed change in the constitution.
The main inquiry is whether the change will
In short, revision is completely rewriting a law to "accomplish such far reaching changes in the nature
make it better and more up-to-date. of our basic governmental plan as to amount to a
revision."
Amendments making smaller changes. It can add,
reduce, or delete specific parts without changing the This test looks at how significant the proposed
main principles. Amendments usually focus on a change is. It asks if the change is so important that it
single part of the constitution. completely changes the basic plan of the government.
If it does, it might be seen as a major revision.
In short, amendments are making changes to a law
without rewriting the whole thing. Form
Note: In revision it affects several provisions while in General Rule: Amendments are express
amendments it only affects the specific provisions.
Exception: Amendment by implication
Repeal is the removal or reversal of a law, and is
generally done when a law is no longer effective, or it Operation of amendments
is having negative consequences.
General Rule: Amendments operate prospectively
In short, repeal means getting rid of a law entirely.
Exception: when there is express provision on
Implied Repeal occurs when a new law conflicts
retroactivity
with or is inconsistent with an existing law in such a
way that it renders the existing law inoperative or Exception to the exception: When vested rights are
irrelevant, even though the existing law has not been impaired
explicitly repealed. Implied repeal is based on the
legal principle that the later law prevails. Implied CASUS OMISUS PRO OMISSO HABENDUS
repeal can result from the enactment of new laws that EST- a case omitted must be held as omitted
implicitly override or nullify conflicting provisions in
older laws.
Note:
express repeals are favored over implied ones.
Implied repeals are not favored, because it is
presumed that a law-making body considers all
existing laws, and thus could not have made
conflicting rules