Sunset provision

Origin and Historical Context of Sunset Provisions - Sunset provisions originated in Roman law of the mandate and were later codified in the Codex Iustinianus. - The principle of sunset provisions appeared in several areas of legislation. - Sunset provisions were a frequent legislative tool used by colonial and early state legislatures in the United States. - However, their popularity decreased as the legislatures institutionalized. Sunset Provisions in the United States - In American federal law, legislation that renews an expired mandate is a reauthorization act or an extension act. - Examples of high-profile sunset provisions in American law include the U.S. Constitution, Sedition Act of 1798, USA PATRIOT Act, and Assault Weapons Ban. - The USA PATRIOT Act had several surveillance provisions that expired and were later renewed. - The Texas Sunset provision was established in 1977, requiring specific legislation to continue agency functions. Sunset Provisions in Other Countries - The United Kingdom proposed a sunset clause for the Prevention of Terrorism Act 2005, but it was eventually omitted. - Canada has an implied sunset clause of five years for legislation enacted under the Canadian Charter of Rights and Freedoms. - Australia's new Anti-Terrorism laws have a sunset clause of ten years. - Germany applies sunset provisions on different federal levels, including a general six-month provision for emergency legislation. Sunset Provisions in South Korea and Taiwan - South Korea's Corporate Restructuring Promotion Act includes a sunset provision to facilitate out-of-court workout of insolvent companies. - The Additional Articles of the Constitution of the Republic of China apply to the Free area of Taiwan and have a sunset provision. Sunset Provisions in New Zealand - The Electoral Integrity Act in New Zealand had a sunset clause aimed at discouraging waka-jumping. - New Zealand's Legislative Instruments Act 2003 mandates the automatic expiry of most legislative instruments, ensuring periodic review and evaluation.