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View the related practice notes about Implied repeal

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It follows that, where a later Act of Parliament conflicts with an earlier one, the later one cannot be read as conditioned by, or subject to, the earlier. Rather, the later statute is considered to have repealed the earlier one by implication, to the extent of the conflict.However in recent decades it has become accepted that at least in certain legal contexts (particularly in the context of European Union law and the European Communities Act 1972 (ECA 1972), and perhaps other 'constitutional' statutes) Parliament can enact provisions which, unless expressly repealed or amended, condition and limit the effect of later, conflicting enactments.OriginsThe principle was laid down by a court in Dean and Chapter of Ely v Bliss. This was a dispute about the payment of tithes by the occupier of land. The occupier defended himself on the basis that an Act of Parliament had extinguished the right of the...

Sources of constitutional law

Sources of constitutional law In brief The British constitution is unwritten in the sense that it does not derive from a single constitutional text. It has a variety of written and unwritten sources. In addition to the main written sources of law in England and Wales, legislation (which has also brought international and human rights law principles into our constitution) and common law, the constitution is derived from two additional unwritten sources: the prerogative, and non-legal constitutional conventions. In addition, according to one view the fundamental or predominant principle of our constitution, Parliamentary sovereignty, has its source in political fact rather than in law. Legislation Legislation is the most important source of constitutional law. Acts of Parliament may lay down constitutional rules, or even delegate power to do so, to ministers or to others. Legislation is traditionally seen as having primacy over any other kind of constitutional rule, under the doctrine of Parliamentary sovereignty. Examples of statutes making constitutional provision are the Bill of Rights 1688, the Act...