severability of statute

severability of statute
A concept applicable when a part of a statute is unconstitutional, the question being whether severability permits the saving of the part not unconstitutional in itself. The quality of a statute in the respect that a part of it has meaning and can stand by itself. A matter to be determined according to the apparent intent of the legislative body which enacted the legislation. 16 Am J2d Const L § 182. If it is impossible to tell what part of a statute is intended to be operative when some of its provisions are unconstitutional, it is wholly invalid. Woolf v Fuller, 87 NH 64, 174 A 193, 94 ALR 1067.

Ballentine's law dictionary. . 1998.

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