Statutory Reversal
Definition of Statutory Reversal
Note: See a more comprehensive approach to the Statutory Reversal legal concept in the American Law Encyclopedia
Legislative action to overturn a judicial ruling. Statutory reversal can occur most simply when the decision of a court rests on an interpretation of legislation as to meaning or intent. Congress often cannot simply reverse a decision where a court finds a constitutional defect by re-enacting a “clarified” version of the statute. In most cases, however, appellate courts are engaged in statutory construction as opposed to judicial review. Thus, reversal through the normal legislative process is possible. In situations where Congress disagrees with a judicial interpretation of a statute, it may simply enact a new statute that clarifies its objectives and reverses those sections that produced a court interpretation that is incompatible. Statutory reversal is a means by which the legislative branch cannot only “correct” decisions of courts, but also limit the impact of judicial authority more generally. Frequent statutory reversal can be regarded as a method of court “curbing.” See also Court “Curbing” (Law of the United States) Judicial Review (Law of the United States) Statutory Construction (Law of the United States).
Resources
Statutory Reversal Related Resources
- Statutory Reversal in the United States Legal Encyclopedia
- Judicial Effects and Policies Keywords in the United States Legal Encyclopedia
- Judicial Policies Keywords in the International Legal Dictionary
Notes
- “Statutory Reversal”, The American Law Dictionary, 1991, California
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