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NeCede's

Maxim 6.8.14

Implied repeals are not favored in Law.

Source: United States v. Noce, 268 U.S. 613, 619; Weisman, 7m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law disfavors implied repeals — a later statute is not presumed to repeal an earlier one unless the two are irreconcilably in conflict, and every effort is made to harmonize them.

Where this applies

  • A new traffic law is passed, and a driver argues it implicitly repeals an older law that conflicts with it — the court tries to harmonize both laws rather than finding an implied repeal.
  • A state enacts a new education statute, and a school district claims it overrides an older funding law, but the court presumes both can coexist unless they are truly irreconcilable.
  • Congress passes a new environmental regulation, and a company argues it implicitly repeals an earlier rule — the court disfavors the argument and looks for a way to enforce both.

Legal domains

Cite this maxim

NeCede Max. 6.8.14 — Implied repeals are not favored in Law. — United States v. Noce, 268 U.S. 613, 619; Weisman, 7m

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