Going beyond repeal: a preliminary exploration of ‘unenacting’ legislation

In rare instances, legislation is ‘deemed never to have been enacted’. This ‘unenactment’ is distinct from the repeal of legislation, for which interpretation acts and jurisprudence provide rules and guidance. This article explores ‘unenactment’ through case studies from several jurisdictions. It seeks to identify contexts in which this uncommon legislative approach was employed and queries whether more conventional drafting approaches may have been available to avoid an ‘unenactment’. Finally, it will briefly explore the intersection of ‘unenactment’ and judicial/statutory remedies that seek similar ends.