Non-Enforcement - Geunim

Unmasking ‘Undead Laws’: The Doctrine of Desuetude Explained

Meta: Explore the doctrine of desuetude, the legal principle that can void statutes due to prolonged non-enforcement. Learn its meaning, historical context in civil law, and why its application remains limited and controversial in US Common Law. Imagine a law on the books—formally enacted, never repealed—but one that no one has enforced for fifty years. […]

American Rule, anachronistic, Civil Law, Common Law, constitutional law, conversely, desuetude doctrine, due process, judicial review, Malum Prohibitum, Non-Enforcement, notoriously, obsolete law, Quasi Repeal, separation of powers, similar legislation, statutory repeal, undead laws

Navigating Obsolete Law: The Desuetude Doctrine’s Role

Post Summary: The Doctrine of Desuetude Explore the obscure legal concept of desuetude—a doctrine suggesting that a statute can become unenforceable simply because of prolonged non-use and a contrary custom. While rare and generally rejected in US statutory law due to separation of powers concerns, its underlying principles often resurface cloaked in due process and

case law, Civil Law, Common Law, constitutional law, Criminal Cases, due process, Eighth Amendment, fair warning, judicial review, Legal Expert, Legal Procedures, Malum Prohibitum, no matter how old, Non-Enforcement, Obsolete Laws, Quasi Repeal, separation of powers, so rarely enforced, Statutes, Statutes & Codes, without a new