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Dynamics and Dimensions of Doctrine of Desuetude

By Hon’ble Justice Jitendra N. Bhatt

Published In

Air 2003

Prefatory Profile The jurisprudential meaning of ‘desuetude’ is that long and continued non-use of law renders it invalid, at least, in the sense that Courts will no longer tolerate punishing its violators or transgressors. Truly, this doctrine had been common in Roman and it has been in some of the civil law of Nations in Europe, but not very much in the United States or England. In Roman law, it was recognised that, disuse could abrogate a statute. Acts of the old Scots Parliament, may be held, to have fallen into ‘desuetude’ if long disregarded in practice. Similarly, in international law, an old treaty may fall into disuse, if long disregarded. Nevertheless for long the principle has never been accepted in relation to legislation of the English, or U.K. Parliaments, which remain of full effect, however, long disused in practice. Interestingly, it may be mentioned that this principle was recognizable in the past Scotland only. I ....

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