The doctrine of implied repeal is a concept

Concept

The word concept is used in ordinary language as well as in almost all academic disciplines. Particularly in philosophy, psychology and cognitive sciences the term is much used and much discussed. WordNet defines concept: "conception, construct ". However, the meaning of the term concept is much...

 in English constitutional

Constitution of the United Kingdom

The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...

 theory which states that where an Act of Parliament

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed (i.e. no longer law). This doctrine is expressed in the Latin phrase "leges posteriores priores contrarias abrogant".

Constitutional statutes

In the case of Thoburn v Sunderland City Council

Thoburn v Sunderland City Council

Thoburn v Sunderland City Council is an important English constitutional law case. It advances the theory that there exists a hierarchy of Acts of Parliament, whereby those Acts affecting "the legal relationship between citizen and State" or "fundamental constitutional rights" form a special and...

(the so-called 'Metric Martyrs

Metric Martyrs

The Metric Martyrs are a British advocacy group based in the United Kingdom who campaign for the freedom to choose what units of measurement are presented. The group states that it believes that vendors should have the freedom to mark their goods with any units they choose. This can be solely...

' case), Lord Justice Laws ruled that some constitutionally significant statutes held a higher status in UK law and were not subject to the doctrine of implied repeal and would therefore require Parliament to expressly repeal the Act. The case specifically dealt with s.2(2) of the European Communities Act

European Communities Act 1972 (UK)

The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...

, but in his judgment, Lord Justice Laws also named the Parliament Act

Parliament Acts 1911 and 1949

The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...

 and the Human Rights Act

Human Rights Act 1998

The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

as other 'constitutional statutes' and therefore not subject to the doctrine. Constitutional statutes can still be expressly repealed if Parliament wishes, but unless the words doing so are totally unambiguous, the courts will follow the precedent established in Thoburn.