Legal Definitions - Repeal

Repeal refers to the formal act of canceling or withdrawing an existing law, regulation, or constitutional provision. This cancellation is typically carried out through the enactment of a new piece of legislation or a constitutional amendment.

Repeal can occur in two primary ways:

• Explicit Repeal: This happens when a new law or constitutional amendment directly states that it is canceling a specific older law. The intent to remove the previous law is clear and unambiguous, leaving no doubt about its legal status.

  • Example 1 (Explicit Repeal - State Law): A state legislature passes a new "Consumer Protection Act" that includes a specific clause stating, "The 'Fair Business Practices Act of 1990' is hereby repealed." This new law directly and clearly eliminates the older statute, replacing its provisions with the new framework.

    Explanation: The new Consumer Protection Act explicitly identifies and cancels the older Fair Business Practices Act, leaving no doubt about the legislature's intent to remove the previous law from the books.

  • Example 2 (Explicit Repeal - Local Ordinance): A city council decides to update its regulations concerning public park usage. They pass a new ordinance which contains a section that reads, "All prior ordinances regarding park hours and activities, including Ordinance No. 215 establishing a 10 PM curfew, are hereby repealed and superseded by this new ordinance."

    Explanation: The city council's new ordinance explicitly lists and cancels previous park rules, ensuring that only the new, updated regulations apply.

• Implicit Repeal (Repeal by Implication): This occurs when a new law does not explicitly state that it is canceling an older one, but its provisions are so fundamentally in conflict with the existing law that the two cannot logically coexist. In such cases, the newer law is understood to have superseded and effectively canceled the older one, even without an explicit statement. Courts generally prefer explicit repeals and will only find an implicit repeal if the conflict between the two laws is absolute and irreconcilable.

  • Example 3 (Implicit Repeal - Federal Regulation): The federal government passes a new "Cybersecurity Mandate" that establishes a comprehensive, mandatory set of security protocols for all government contractors handling sensitive data. An older, unrepealed federal guideline merely *recommended* certain cybersecurity best practices and allowed for flexible implementation. While the old guideline wasn't explicitly canceled, the new, mandatory, and much stricter law effectively repeals it by implication because the two cannot operate concurrently; the new law's requirements make the old one obsolete and contradictory.

    Explanation: The new Cybersecurity Mandate creates a mandatory and comprehensive system that directly conflicts with the older, voluntary, and less stringent guideline. Because the two laws cannot both be fully enforced without contradiction, the newer, more robust law implicitly repeals the older one.