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implied repeal

created by sekicho

(idea) by sekicho (18.5 min) (print)   ?   (I like it!) Tue Feb 17 2004 at 23:25:24

The principle of "implied repeal" is that if a portion of a law supersedes a portion of another law, the older law is automatically repealed and replaced by the new law.

In most parts of the world, the constitution and basic laws are not subject to implied repeal (i.e. they stand until they are specifically repealed), but all other laws are. A notable exception is the European Union, where the founding treaties and community regulations are also immune to implied repeal (see Costa v. ENEL (Case 6/64)).


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chaos

Costa v. ENEL (Case 6/64) Constitution of Canada Repeal Supremacy Clause
European Union Constitution Basic Law
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