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is often called special legislation when it targets a named person, but the term can also be applied to legislation that singles out an association or corporation. Although a prototypical special law applies only to a single particular person or entity, legislation is often considered special when it
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have the ability to introduce "back-to-work legislation", which is a special law that blocks the strike action or lockout from happening or continuing. It can also impose binding arbitration or a new contract on the disputing parties. Such legislation was enacted during the 2011 Canada Post strike
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Special laws are often criticized because they reflect the corruption of the legislative process, a lack of deliberation on the part of legislatures and because they lead to unjustifiably unequal treatment and allow the legislative branch to encroach on the powers of the executive and judicial
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Most states have constitutional restrictions on some types of special laws. Most state constitutions prohibit special legislation related to certain enumerated subject matters, including prohibiting special laws granting divorces, changing names, and altering court rules. Most other state
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Legislatures still enact special laws that grant special burdens or provide special benefits to individuals; however, the most well-known type of special law, the bill of attainder, has largely disappeared. One recent group of state special laws grants special privileges to
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constitutions provide that the legislature may not pass special laws when a general law can be made applicable. A few states allow special legislation, but only of the legislature follows certain special procedures, like providing notice and a chance to object.
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to punish individuals suspected, but neither charged nor convicted, of a crime. Special legislation was also used during that period to grant benefits to identifiable individuals, including monopoly rights and exemptions from generally applicable laws.
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has not recognized a constitutional prohibition on special legislation. Nevertheless, some scholars have argued that the text and historical background of the
Constitution suggests that the Constitution should prohibit some types of special laws.
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by permitting them to sell electric cars directly to consumers under circumstances that are prohibited to other consumers. Other modern special laws apply to a particular city or county. These laws are often called local laws.
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branches. However, they are sometimes defended on the ground that they can address problems created by generally applicable laws or cure local problems that call for a local solution.
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and the 2012 CP Rail strike, thus effectively ending these strikes as legal actions. On the provincial level, similar acts can be passed for other purposes; the
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to refer to legislation that targets an individual or a small, identifiable group for treatment that does not apply to all the members of a given class. A
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Daniel Crane, Tesla, Dealer
Franchise Laws, and the Politics of Crony Capitalism, 101 IOWA L. REV. 573, 584–85 (2016)
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Special legislation can be used to place burdens on or grant benefits to identifiable individuals. During the
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T. Erskine May, The Law, Privileges, Proceedings and Usages of
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Zechariah Chafee Jr. Three Human Rights in the
Constitution of 1787 (1956).
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enacted Act 78 in 2012 in order to quell a series of student protests.
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Legislative Design and the
Controllable Costs of Special Legislation.
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People v. Canister, 110 P.3d 380, 381–82 (Colo. 2005).
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Special legislation is closely related to what in the
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applies to a small group of people or other entities.
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290:Gallardo v. Arizona, 336 P.3d 717 (Ariz. 2014).
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