The doctrine of implied repeal is a

concept Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs. They play an important role in all aspects of cognition. As such, concepts are studied by ...

constitutional theory Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or juri ...

which states that where an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase ''leges posteriores priores contrarias abrogant'' or "lex posterior derogat priori". Implied repeal is to be contrasted with the express repeal of legislation by the legislative body.

Canada

In Canadian law, it is possible for a law to be protected from implied repeal by way of a "primacy clause" which states that the act in question supersedes all other statutes until it is specifically repealed. Acts with such primacy clauses are called quasi-constitutional.

United Kingdom

In the 2002 English case ''

Thoburn v Sunderland City Council ''Thoburn v Sunderland City Council'' (also known as the "Metric Martyrs case") is a UK constitutional and administrative law case, concerning the interaction of EU law and an Act of Parliament. It is important for its recognition of the supre ...

'' (the so-called "

Metric Martyrs The Metric Martyrs was a British advocacy group who campaigned for the freedom to choose what units of measurement are used by traders. The group believed that vendors should have the freedom to mark their goods with imperial weights and measure ...

" case),

Lord Justice Laws Sir John Grant McKenzie Laws (10 May 1945 – 5 April 2020) was a Lord Justice of Appeal. He served from 1999 to 2016. He was the Goodhart Visiting Professor of Legal Science at the University of Cambridge, and an Honorary Fellow of Robinson C ...

held that some constitutionally significant statutes hold a higher status in UK law and are not subject to the doctrine of implied repeal. The case specifically dealt with s.2(2) of the European Communities Act, but in his judgment Lord Justice Laws also held the view that the

Parliament Acts The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one. T ...

and the Human Rights Act are "constitutional statutes" and in his opinion may not be subject to the doctrine of implied repeal. A decade later in 2012, in a case before the United Kingdom Supreme Court, ''BH v The Lord Advocate (Scotland)'', Lord Hope held that "the Scotland Act can only be expressly repealed; it cannot be impliedly repealed; that is because of its 'fundamental constitutional nature'."

United States

Under

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

law, "implied repeal" is a disfavored doctrine. That is, if a court can reconcile the two statutes with any reasonable interpretation, that interpretation is preferred to one that treats the earlier statute as invalidated by the later one.

References

{{Constitution of Canada English legal terminology Legal doctrines and principles

Canada

United Kingdom

United States

See also

References