Copp v. Redmond

I agree with the result reached by the opinion of the court in this case, and I have no quarrel with the rationale incorporated in the court’s opinion. I perceive, however, in this instance, we find a nuance which does not seem to be a part of the ratio decidendi of the persuasive authority from our sister jurisdictions.

It is very clear that, in the case of amen-datory legislation, if the new statute is declared unconstitutional, the effect of that declaration is to treat the new statute as though it had not been adopted. This approach reaches even to striking the enactment clause of the new…