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Report No. 60

13.15. Comments as to special form of severability clause.-

The form could be more specific. But the use of the specific separability clause1 maybe open to objection, as it would call the attention of critical lawyers to those provisions of a new law which are deemed by the legislature itself to be most susceptible to constitutional attack. Also it might conceivably make judicial approach more inclined to hold invalid the particular provisions referred to. At the same time, it may be more useful than a general severability clause.

1. Para. 13.12, supra.

13.16. In the United States, one writer has remarkedl that separability provisions are now significant only because of their absence. "Like articles of clothing, it they are present, little attention is paid to them, but if they are absent, they may be missed."

1. Robert Stern Separability and separability clauses, (1937-38) 51 Harvard Law Review 76, 122.

General Clauses Act, 1897 Back

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