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NeCede's

Maxim 8.10.15

It is not a new thing that prior statutes shall give place to later ones.

Source: Dig. 1. 3. 26; 1. 1. 4; Broom, Max. 3d Lond. ed 27; Weisman, 88a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Later statutes supersede earlier ones when they conflict — this is a longstanding principle, not a modern innovation, and applies whenever two laws cannot be harmonized.

Where this applies

  • Congress passes a new environmental law that conflicts with an older pollution statute, and courts apply the newer law because later enactments supersede earlier ones.
  • A state legislature updates its criminal code, and the new sentencing guidelines replace the old ones wherever the two conflict.
  • A city council passes a revised zoning ordinance that contradicts a decades-old land-use rule, and the newer ordinance controls.

Legal domains

Cite this maxim

NeCede Max. 8.10.15 — It is not a new thing that prior statutes shall give place to later ones. — Dig. 1. 3. 26; 1. 1. 4; Broom, Max. 3d Lond. ed 27; Weisman, 88a

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