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Term: Reenactment Rule
Definition: When lawmakers make changes to a law, they often keep the same wording as before. This means that any previous court decisions or interpretations of the law still apply. This is called the reenactment rule.
Definition: The reenactment rule is a principle used in statutory construction. It states that when a law is reenacted, the legislature is implicitly adopting well-settled judicial or administrative interpretations of the law.
Example: Let's say there is a law that prohibits smoking in public places. Over time, courts have interpreted this law to include outdoor areas like parks and beaches. If the legislature decides to reenact this law, they are essentially agreeing with the court's interpretation that smoking is not allowed in outdoor public spaces.
Another example could be a law that requires employers to provide reasonable accommodations for employees with disabilities. If a court has previously interpreted this to include providing sign language interpreters, and the legislature reenacts the law, they are agreeing with the court's interpretation that sign language interpreters are a reasonable accommodation.
The reenactment rule helps ensure consistency in the interpretation and application of laws over time. It also gives weight to the decisions of courts and administrative agencies, as their interpretations become part of the law itself.