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Report No. 60

13.6. General principle.-

The general principle, thus, is that as far as possible, total invalidity of an Act should be avoided. The observation of Cardozo (sitting in the New York Court of Appeals1-"laws are not to be sacrificed by courts on the assumption that legislation is the play of when and fancy Our right to destroy is bound by (the) limits of necessity. Our duty is to save unless in saving we pervert,"-is true of the approach of courts in relation to partial invalidity also.

1. People v. Knapp, (1920) 230 NY 48, referred to in Stern Separability and separability clauses, (1937-38) 51 Harvard Law Review, 76, 100, footnote 110.

General Clauses Act, 1897 Back

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