The Statute Law (Ireland) Revision Act 1872 (35 & 36 Vict. c. 98) is an Act of the Parliament of the United Kingdom which repealed, as to Ireland, certain acts of the Parliament of England which had been extended to the then Lordship of Ireland by royal writs or acts of the Parliament of Ireland from the Magna Carta to Poynings' Law (1495). The Act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.
The Act largely mirrored the Statute Law Revision Act 1863, which repealed for England (including Wales and Berwick) statutes from the Magna Carta to King James II.
In the United Kingdom, Acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.[4]
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[5] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[5] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statues, which was declared "very expedient to be done." However, this was never done.[6].
At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law.[5] The Board issued three reports, recommending the creation of a permanent body for statute law reform.
In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law.[5] The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).
On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.[5] In 1861, the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101) was passed, which repealed or amended over 800 statutes.
In 1863, the Statute Law Revision Act 1863 (26 & 27 Vict. c. 125) was passed, which repealed or amended over 1,600 statutes. However, The territorial extent of the Act was limited to England (including Wales and Berwick), meaning that those Acts passed before Poynings' Act 1495 were not completely repealed for the United Kingdom.
The Act was intended, in particular, to make the revised edition of the statutes already published applicable to Ireland.[7]
The Statute Law Revision (Ireland) Act 1878 repealed acts of the Parliament of Ireland.
This act was retained for the Republic of Ireland by the Statute Law Revision Act 2007.[8] and remains in force there as of 12 September 2024[update].[9]
Section 1 of the Act repealed over 1,000 Acts, listed in the Schedule to the Act, across six categories:[7]
Section 1 of the Act included several safeguards to ensure that the repeal does not negatively affect existing rights or ongoing legal matters. Specifically, any legal rights, privileges, or remedies already obtained under the repealed laws, as well as any legal proceedings or principles established by them, remain unaffected. Section 1 of the Act also ensured that repealed enactments that have been incorporated into other laws would continue to have legal effect in those contexts. Moreover, the repeal would not revive any former rights, offices, or jurisdictions that had already been abolished.
Section 2 of the Act specified that the Act extended to Ireland only.
This article incorporates text from this source, which is in the public domain.