Implied repeal

Implied repeal

The doctrine of implied repeal is a concept in English constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed (i.e. no longer law). This doctrine is expressed in the Latin phrase "leges posteriores priores contrarias abrogant".[1]

Constitutional statutes

In the case of Thoburn v Sunderland City Council (the so-called 'Metric Martyrs' case), Lord Justice Laws ruled that some constitutionally significant statutes held a higher status in UK law and were not subject to the doctrine of implied repeal and would therefore require Parliament to expressly repeal the Act. The case specifically dealt with s.2(2) of the European Communities Act, but in his judgment, Lord Justice Laws also named the Parliament Act and the Human Rights Act as other 'constitutional statutes' and therefore not subject to the doctrine. Constitutional statutes can still be expressly repealed if Parliament wishes, but unless the words doing so are totally unambiguous, the courts will follow the precedent established in Thoburn.

See also

References

  1. ^ Free Life Commentary No 63



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  • implied repeal — The superseding of a rule of the common law, without an express directive to that effect, as by adoption of a statute dealing comprehensively with the subject to which the common law rule relates. Banko v Weber, 9 App Div 2d 720, 192 NYS2d 260,… …   Ballentine's law dictionary

  • repeal — The abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former law shall be revoked and abrogated (which is called express repeal), or which contains provisions so contrary to or… …   Black's law dictionary

  • repeal by implication — See implied repeal …   Ballentine's law dictionary

  • repeal of statute — The termination of the effect of a statute as existing law by a later statute or constitutional provision. 50 Am J1st Stat §§ 516et seq. The annulment of a statute, whereby it ceases to have any existence, accomplished directly or expressly… …   Ballentine's law dictionary

  • implied abrogation — See implied repeal …   Ballentine's law dictionary

  • repeal — re·peal /ri pēl/ vt [Anglo French repeler, from Old French, from re back + apeler to appeal, call, from Latin appellare to address, entreat, call by name]: to rescind or annul by authoritative act; esp: to revoke or abrogate by legislative… …   Law dictionary

  • repeal of constitution — An express, implied, or constructive repeal of a provision of a constitution by the adoption of an amendment to the constitution. 16 Am J2d Const L § 27 …   Ballentine's law dictionary

  • constructive repeal — See implied repeal …   Ballentine's law dictionary

  • Thoburn v Sunderland City Council — English case infobox name=Thoburn v Sunderland City Council court=Divisional Court, Queen s Bench Division date decided=18 February 2002 full name=Steve Thoburn v Sunderland City Council; Colin Hunt v London Borough of Hackney; Julian Harman and… …   Wikipedia

  • Constitution of the United Kingdom — British Constitution redirects here. For the card game, see British Constitution (solitaire). United Kingdom This article is part of the series …   Wikipedia

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