Saving Clause

• Author: Jeffrey Lehman, Shirelle Phelps

Page 4

In a statute, an exception of a special item out of the general things mentioned in the statute. A restriction in a repealing act, which is intended to save rights, while proceedings are pending, from the obliteration that would result from an unrestricted repeal. The provision in a statute, sometimes referred to as the severability clause, that rescues the balance of the statute from a declaration of unconstitutionality if one or more parts are invalidated.

With respect to existing rights, a saving clause enables the repealed law to...