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conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed (i.e. no longer law).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, so were not subject to the doctrine of implied repeal. The case specifically dealt with 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. It is worth noting, however, that constitutional statutes can still be expressly repealed should Parliament wish it, but unless the words doing so are totally unambiguous, the courts will follow the precedent established in Thoburn.
References
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