implied repeal

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, affd 7 NY2d 758, 193 NYS2d 670, 162 NE2d 750. The repeal of a statute by a later statute, in the absence of an express repeal by the later statute, where there is such a positive repugnancy between the provisions of the old and the new statutes that they cannot stand together or be harmonized. Pacific Milling Elevator Co. v Portland, 65 Or 349, 133 P 72. The repeal of a statute by the adoption of an amendment to the constitution which is inconsistent with and repugnant to the provisions of the statute. 16 Am J2d Const L § 49. The repeal of a provision of a constitution by the adoption of an amendment to the constitution which is inconsistent with such provision. 16 Am J2d Const L § 27. A portion of a statute may also be repealed by implication, as where it is in conflict with a provision of a later statute. State v Atlantic Coast Line R. Co. 56 Fla 617, 47 So 969.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • 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conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed (i.e …   Wikipedia

  • 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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