Implied repeal

Definition

A legal doctrine where a later statute is interpreted as impliedly revoking or limiting an earlier statute, even though the later statute does not expressly say so. Courts strongly disfavor finding implied repeals, typically requiring a strict showing that the two statutes are irreconcilably inconsistent.

Examples

• •Petitioners argue that accepting the government's position would require finding that the First Step Act's non-retroactivity provision impliedly repealed the 1984 Sentencing Reform Act's broad grant of discretion in compassionate release cases

Related Terms