Severable Statute Law and Legal Definition

Severable statute is a statute that remains operative as to the remaining provisions even though a portion of law is declared unconstitutional. It is a statute with parts that are independent of one another, such that each part is capable of enforcement even if remaining part or parts are stricken or found unconstitutional.

After the invalid portion of the act has been stricken, if that which remains is self-sustaining and is capable of separate enforcement without regard to that portion of the statute that has been cast aside, then such a statute is said to be severable. Where the legislature intends its enactment to be severable, it often expresses that intention in a severability clause at the end of the Act.