Arkansas Code Annotated

Ark. Code Ann. § 1-2-117 (2020)

Severability of provisions of Code

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Code is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Code which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Code.

History. Acts 1987, No. 267, § 1.

Research References

Ark. L. Rev.

Killenbeck, Nothing That We Can Do? Or, Much Ado About Nothing? Some Thoughts on Bates v. Bates, Equity, and Domestic Abuse in Arkansas, 43 Ark. L. Rev. 725.

Case Notes

Application.

Where the religious exemption in § 6-18-702 was found to violate the First Amendment of the U.S. Constitution, the proper remedy was to “sever” the exemption from the remainder of the immunization statute. Boone v. Boozman, 217 F. Supp. 2d 938 (E.D. Ark. 2002).

Cited: Hutton v. Savage, 298 Ark. 256, 769 S.W.2d 394 (1989); Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906 (2013).

Notes of Decisions
Cited in 6 cases, 1989–2014 · leading case: Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906.
Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906. · cites it 2× “See Ark.Code Ann. § 1-2-117 (Repl.2008) (providing that if a portion of the Code is “declared or adjudged to be invalid or unconstitutional,” then “such declaration or adjudication shall not affect the remaining portions of this Code which shall remain in full force and effect…”
Hutton v. Savage, 769 S.W.2d 394 (Ark. 1989). · cites it 4× “See also Ark.Code Ann. § 1-2-117 (1987). Since the remaining portions of Act 14 of 1987 are complete and capable of execution, they are not affected by this opinion.”
Whiteside v. State, 2013 Ark. 176, 426 S.W.3d 917. · cites it 2× “See Ark.Code Ann. § 1-2-117, § 1-2-205 (Repl.”
McCarthy v. Boozman, 212 F. Supp. 2d 945 (W.D. Ark. 2002). · cites it 2× “See also Ark.Code Ann. § 1-2-117 (in the event any section or subsection of the Code is declared unconstitutional, the remaining portion of the Code shall remain in full force and effect as if the portion adjudged unconstitutional was not originally a part of Code).”
Boone v. Boozman, 217 F. Supp. 2d 938 (E.D. Ark. 2002). “Specifically, Arkansas Code Annotated § 1-2-117 provides: Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter, section, subsection, subdivision, paragraph, item, sentence, clause, phrase, or word of this Code is declared…”
Edwards v. Beck, 8 F. Supp. 3d 1091 (E.D. Ark. 2014). “The well-established severability analysis applied by the Supreme Court of Arkansas comports with the mandate of Arkansas Code Annotated § 1-2-117, which provides: Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.