Enactment words signify the official commencement of a law’s enforcement. The most prevalent phrase used for this purpose is “Be it enacted that…”
Enacting words are the specific words used in a legal document to signify the commencement of a law or act. The most frequently utilised enacting words are “Be it enacted that. . . “. For instance, the phrase “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ‘Clean Air Act Amendments of 1990′” indicates that the Clean Air Act Amendments of 1990 are now officially in effect as a law. Another example is “Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:”, which signifies that the law being passed is done so with the authority of the Queen and the Parliament of the United Kingdom.
Enacting words are specific phrases or terms used in legal documents to indicate the intention of the legislature to create a new law or amend an existing one.
Enacting words are crucial in legal drafting as they clearly establish the legal effect of a provision. They help ensure that the intended changes or creations of laws are properly communicated and understood.
Common examples of enacting words include “be it enacted,” “hereby enacted,” “shall come into force,” or “is hereby amended.”
Enacting words should not be omitted in legal documents, as they are necessary to give legal effect to the provisions. Omitting enacting words may lead to confusion or ambiguity regarding the intended legal consequences.
No, enacting words and operative provisions are not the same. Enacting words establish the legal effect of a provision, while operative provisions contain the actual substance of the law or amendment.
Enacting words can be modified or customized to suit the specific requirements of a legal document. However, it is important to ensure that any modifications still clearly convey the intended legal effect.
Yes, enacting words have legal significance as they indicate the legislative intent behind a provision. Courts often rely on enacting words to interpret the purpose and scope of a law.
Enacting words are typically used in statutes, acts, or legislative instruments. However, they may not be necessary in other types of legal documents, such as contracts or agreements, where the intention is not to create or amend laws.
Enacting words themselves are rarely challenged in court. However, the interpretation or application of enacting words may be subject to legal disputes, which can be resolved through judicial interpretation.
Enacting words may vary slightly across different jurisdictions, as each jurisdiction may have its own preferred terminology or phrasing. It is important to consult the specific legislation or legal guidelines applicable in a particular jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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