Legal Question in Administrative Law in District of Columbia

Repeal of State Law

Can a law or regulation be repealed or made ''null & void'' by executive order?

Asked on 9/03/08, 12:38 am

2 Answers from Attorneys

Jon van Horne Law Office of Jon W. van Horne

Re: Repeal of State Law

In common usage, laws are usually considered enactments by a legislative body and could not be unilaterally repealed by executive action. Regulations are usually enacted by an executive body and could be repealed by that body. However, since regulations usually implement legislation, while the regulation could be repealed the underlying legislation could not. Making a law or regulation "null & void" is rather a trickier question. It is rare that a repeal could make any enactment retroactively "null & void" for the period during which it was a valid enactment.

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Answered on 9/29/08, 2:05 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Repeal of State Law

No, not if it was enacted by a legislative body.

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Answered on 9/03/08, 7:26 am

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