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To put severability into an everyday example, think of a recipe.
If it doesn't, I'm not sure how they'll deal with the severability question.
You talk about severability back in Louisiana, they think someone has lost an arm or a finger."
Our bill contains an explicit severability clause, added only for emphasis.
Nor had it let severability provisions stop such holdings.
The severability clause states that, in that case, the rest of a law should not be affected.
Section 4 placed a severability clause so the remainder of the amendment would remain in force.
This is a legal concept known as "severability."
By including this language, known as a severability clause, the sponsors "practically anticipated" the court's decision, he said.
Severability: If any of its parts were declared invalid, the other parts would stay in effect.
In general the drafter should seek to maximise severability. (d) Use simple language.
There's no severability clause, but the Court really prefers to find excuses not to kill entire bills when it's possible to avoid it.
Otherwise, the only possible resolution to the case was to hold the statute unconstitutional, but that, too, had been prevented by a severability provision.
The case is often cited now for its provision of the test for severability:
However, the court also recognized that a rigid adherence to the test of textual severability may result in unreasonable consequences.
Although no party briefed severability in Denver Area Ed.
Section 9 provided a short title to refer to the act and section 10 described the severability of the act.
Most major pieces of legislation include a severability clause as protection in case any provision within the law is found to be invalid and unenforceable.
Left to decide what part of the 1996 Act to strike as invalid, the court concluded that congressional intent regarding severability was unclear.
These could cover items such as interpretation, waiver of rights, severability, forum for settling disputes, an arbitration clause, and so on.
But Stevens's principal objection was that the Court had crafted a new kind of severability analysis.
To circumvent this, a test of severability, also known as the "blue pencil" test, has been established in the UK.
They were especially concerned about a so-called severability amendment that would nullify the entire bill if any provision were ruled unconstitutional.
The severability question here is, essentially, whether, without the restriction that the Court today invalidates, the permission for conducting welfare litigation would have been accorded.
Further, because the law lacks a "severability clause," if part of the law is judged unconstitutional, so is the remainder.