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separability of statutory provisions

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 278 U.S. 235 - Williams v. Standard Oil Co. · 1929Most cited · 429 citing opinions

the unobjectionable part of a statute cannot be held separable unless it appears that, 'standing alone, legal effect can be given to it and that the Legislature intended the provision to stand, in case others included in the act and held bad should fall.' The question is one of interpretation and of legislative intent, and the legislative declaration 'provides a rule of construction which may sometimes aid in determining that intent. But it is an aid merely; not an inexorable command.