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desuetude
In law, desuetude ( or ; from the (フランス語:désuétude), from the (ラテン語:desuetudo) (英語:outdated, no longer custom)) is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors.
The policy of inserting sunset clauses into a constitution or charter of rights (as in Canada since 1982) or into regulations and other delegated/subordinate legislation made under an Act (as in Australia since the early 1990s) can be regarded as a statutory codification of the common-law doctrine.
==British law==
The doctrine of desuetude is not favoured in the common law tradition. In 1818, the English court of King's Bench held in the case of ''Ashford v Thornton'' that trial by combat remained available at a defendant's option in a case where it was available under the common law. The concept of desuetude has more currency in the civil law tradition, which is more regulated by legislative codes, and less bound by precedent. The doctrine went into decline after the Middle Ages when the idea that the need for the king's assent to nullify a law became prevalent.
The doctrine lasted longer in Scotland. Regarding the Scottish application, Lord McKay stated in ''Brown vs. Magistrates of Edinburgh'':
Desuetude requires for its operation a very considerable period, not merely of neglect, but a contrary usage of such a character as practically to infer such completely established habit of the community as to set up a counter law or establish a ''quasi'' appeal.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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