Rescission
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Rescission
Rescission is the noun form of the verb "to rescind." It may refer to: * Rescission (contract law) * Rescission bill, a procedure to rescind previously appropriated funding in the United States * A synonym for repeal in parliamentary procedure * Several bills which have used the term in their names: ** The Rescissory Act 1661, by which the Scottish parliament annulled the legislation of the last twenty years, covering the time of the Commonwealth and Wars of the Three Kingdoms. ** The Rescission Act of 1946 The Rescission Act of 1946 (, codified at ) is a law of the United States reducing (rescinding) the amounts of certain funds already designated for specific government programs, much of it for the U.S. military, after World War II concluded and ...
, a United States law that retroactively annulled benefits that would have been payable to Filipino troops during the time that the Philippines was a U.S. territory {{Disambiguation ...
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Rescission (contract Law)
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the '' status quo ante''). Taxonomy Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. * ''"Rescission" in the sense of termination''. Rescission in this sense is not the focus of this article. Where a contrac ...
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Rescission Bill
A rescission bill is a type of bill in the United States that rescinds funding that was previously included in an appropriations bill. Rescission bills proposed by the President of the United States are considered under an expedited process that cannot be filibustered in the Senate, allowing it to pass with 51 votes instead of 60. The procedure was introduced in 1974 as a replacement for impoundment. It was widely used between its introduction and 2000, but then fell into disuse until 2018. Procedure The rescission process is described in . The process begins with the president submitting a rescission proposal to the House Committee on Appropriations and Senate Committee on Appropriations. Each committee has 25 days to approve or disapprove the proposal; if a committee takes no action the bill becomes subject to a discharge petition. Each House considers the bill under an expedited procedure that does not allow a filibuster in the Senate. The bill must be passed within 45 ...
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Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified par ...
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Rescissory Act 1661
The Rescissory Act, 1661 or Act rescinding and annulling the pretended parliaments in the years 1640, 1641 etc. was added to the Scottish Parliamentary register on the 28 March 1661. At one stroke, it annulled the legislation of 1640–1648 (and in effect the legislation of all parliaments since 1633), covering the time of the Wars of the Three Kingdoms and the Commonwealth. This parliament was sometimes known disparagingly as the "Drunken Parliament". Legislation The idea of the Act Rescissory was first mentioned as a joke among the Lords of the Articles, and was afterwards agreed to at a meeting when few of them were sober. Sir George Mackenzie of Tarbet, known as the "passionate cavalier", was loudest supporter for the Act Rescissory. This was "a general act rescissory", that is, an act rescinding every proceeding of all the "pretended parliaments", conventions, committees, etc., since the commencement of the troubles (1633) in Scotland, with the coronation of Charles I at S ...
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