Express Preemption
/ɪkˈsprɛs priːˈɛmʃən/
Definitions
- (n.) A doctrine where a higher level of government explicitly states that its laws override or preclude lower levels' laws.
The federal statute includes an express preemption clause that invalidates conflicting state regulations.
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Commentary
Express preemption is explicitly stated in legislative text, contrasting with implied forms; drafters should use clear language to signal such intent to avoid litigation over preemption scope.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.