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Sunset clauses are a commonly used statutory provision related to the temporary duration of various laws. This book explores the constitutional value of such clauses. It examines the drafting of sunset clauses and the relevant amendment process, as well as the parameters that influence their incorporation into legislation. Arguments and conclusions are drawn from historical and current uses and it is discussed how and why legislators draft legislation with sunset clauses. Predominantly focused on their use in the UK, the approach is interdisciplinary and comparative insofar as it uses examples from a variety of legal orders.
This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis.
Sunset provisions are clauses embedded in legislation that allow a piece of legislation or a regulatory board to expire on a certain date unless the legislature takes affirmative action to renew the legislation or board. The time between enactment or renewal and the next sunset date varies from state to state but typically runs from four to twelve years. The sunset provision typically requires that the legislation or board undergo a review, usually conducted by legislative staff or by state auditors. The reviewers will recommend allowing the law or board to sunset, allowing it to continue but with changes, or leaving it unchanged. Sunset provisions also frequently allow or even require a preliminary review before the final review. Sunset laws are a key tool the legislature uses in asserting itself against an executive branch that often dominates state government.