Cecily Zamora
The repeal of a law in the UK occurs when an Act of Parliament is revoked, either by being replaced with a law more suitable for the modern era or because it is no longer effective or relevant. The UK government is responsible for bringing new laws into force once they have been passed by Parliament, and an Act may come into force immediately or at a future date. The repeal of a statute can be either express or implied. Express repeal occurs when express words are used in a statute to repeal an earlier statute, whereas implied repeal occurs when two statutes are mutually inconsistent, and the latter statute repeals the former.
| Characteristics | Values |
|---|---|
| Reason for repeal | A law may be repealed and re-enacted when the law needs to be updated or replaced with one suitable for the modern era. |
| A repeal without replacement is done when a law is no longer effective or has more negative consequences than were originally envisioned. | |
| Type of repeal | Express repeal occurs when express words are used in a statute to repeal an earlier statute. |
| Implied repeal occurs when two statutes are mutually inconsistent, and the later statute repeals the earlier one. | |
| Process of repeal | In the UK, Acts of Parliament make up Statute Law. |
| A new law is brought into force by the government once it has been passed by Parliament. | |
| A repeal can be done by passing another Act or through delegated legislation. |
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What You'll Learn
Express repeal
The repeal of a statute can be either express or implied. Express repeal occurs when explicit words are used in a statute to repeal an earlier statute. These express words are usually included in a table in a schedule to the statute for convenience. When a statute is expressly repealed, its text is deleted from the Code and replaced by a note summarising the repealed statute. This means that the repealed statute no longer has the force of law.
In the United States, to repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code, including the title, chapter, part, section, paragraph, and clause. This process ensures that Congress and the President follow the same rules and procedures for passing any law.
In the UK, Acts of Parliament make up what is known as Statute Law. The government is responsible for bringing new laws into force once they have been passed by Parliament. An Act may come into force immediately, on a specific future date, or in stages. The timing of an Act's commencement may be left to the discretion of the Secretary of State for the relevant government department. While Parliament is not responsible for implementing legislation, its committees can examine UK laws and recommend the removal of outdated legislation.
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Implied repeal
The repeal of a statute can be either express or implied. Implied repeal occurs when two statutes are mutually inconsistent, resulting in the later statute implicitly repealing the earlier one. This concept, expressed in the Latin phrase "leges posteriores priores contrarias abrogant" or "lex posterior derogat priori", means that the later statute takes precedence, rendering the conflicting parts of the earlier statute legally inoperable.
For instance, in the 2025 Wisconsin Supreme Court case, an 1849 law stating that the killing of a fetus was manslaughter was interpreted as outlawing abortion upon the overturning of Roe v. Wade. The court ruled that the 1849 law had been "impliedly repealed" by a 1994 ruling, which specified that the law only applied when the fetus died as an indirect result of an assault on a pregnant person.
In the UK, the concept of implied repeal was explored in the 2002 case Thoburn v Sunderland City Council (the "Metric Martyrs" case). Lord Justice Laws held that some constitutionally significant statutes hold a higher status and are not subject to implied repeal. He specifically addressed s.2(2) of the European Communities Act, but also expressed the view that the Parliament Acts and the Human Rights Act are "constitutional statutes" and thus may not be subject to implied repeal.
It is important to note that the presumption is against implied repeals, especially when the prior act has been generally understood and acted upon. To establish implied repeal, the two statutes in question must be irreconcilable, clearly repugnant, and so inconsistent that they cannot operate concurrently. Furthermore, ordinary statutes may be subject to implied repeal, but constitutional statutes may not.
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Repeal and re-enactment
Re-enactment can occur with or without amendment. Repeal and re-enactment without amendment typically occurs only in the context of a consolidation bill—a bill to consolidate the law in a specific area. An example of repeal and re-enactment with amendment is the repeal of Prohibition in the United States. Enacted by the Eighteenth Amendment to the United States Constitution, prohibition of alcoholic beverages was repealed and re-enacted by the Twenty-first Amendment. This is the only constitutional amendment to have been repealed in the United States.
The Statute Law (Repeals) Act is a stock short title used for acts of the Parliament of the United Kingdom whose purpose is to repeal enactments that are no longer of practical use. These acts are drafted by the Law Commission and the Scottish Law Commission. Examples of Statute Law (Repeals) Acts include the Statute Law (Repeals) Act 1981, the Statute Law (Repeals) Act 1986, and the Statute Law (Repeals) Act 2008.
Express repeal occurs when express words are used in a statute to repeal an earlier statute. They are usually included in a table in a schedule to the statute for convenience. In the United States, when a bill is passed by the House and Senate and signed by the president, or Congress overrides a presidential veto, the provisions contained within the newly enacted law are rearranged according to their policy content and catalogued in the United States Code. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code.
Implied repeal occurs when two statutes are mutually inconsistent, and the later statute repeals the earlier statute pro tanto (to the extent that they are inconsistent). As past and future parliaments are equally sovereign, later parliaments can carry out implied repeal of earlier statutes by passing an inconsistent statute. However, inconsistency must be established before implied repeal can occur.
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Repeal without replacement
The UK Parliament is responsible for the removal of outdated legislation. An Act of Parliament creates a new law or changes an existing law. Once an Act is passed by Parliament, it is the responsibility of the government to bring it into force. An Act can come into force immediately, on a specific future date, or in stages.
The repeal of a statute can be either express or implied. Express repeal occurs when express words are used in a statute to repeal an earlier statute. In the US, this involves rearranging the provisions of the newly enacted law according to their policy content and cataloguing them in the US Code. Implied repeal, on the other hand, occurs when two statutes are mutually inconsistent, resulting in the later statute repealing the earlier one.
It is important to note that a repeal without replacement eliminates the repealed statute completely, in contrast to a repeal with savings, which preserves the effect of the repealed statute for limited purposes.
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Repeal campaigns
- Public Awareness and Support: Repeal campaigns often begin by raising public awareness about the negative impacts or shortcomings of a specific law. This can involve educating the public about the law's consequences, such as its ineffectiveness, negative consequences, or infringement on certain freedoms. For instance, the campaign to repeal the Vagrancy Act in the UK, led by Crisis, focused on highlighting how the law criminalised rough sleeping and discouraged people experiencing homelessness from seeking police help.
- Petitions and Grassroots Mobilisation: Campaigns may utilise petitions, such as those on the UK Parliament's website, to gather signatures and demonstrate public support for repealing a particular law. In the case of the Online Safety Act repeal campaign, a petition gained over 535,449 signatures, leading to its consideration for debate in Parliament. Grassroots mobilisation, including encouraging peers and MPs from various parties to support the repeal, can also be effective.
- Advocacy and Lobbying: Repeal campaigns involve advocating for the law's repeal by engaging with policymakers, legislators, and government officials. This may include lobbying activities, meetings, and the presentation of well-researched and compelling arguments for repeal. For example, the Crisis campaign for repealing the Vagrancy Act involved encouraging peers from all parties to support the repeal, which ultimately pressured the government to amend the Police, Crime, Sentencing and Courts Act to include the repeal.
- Media and Public Discourse: Repeal campaigns often leverage media platforms and public discourse to their advantage. They may engage in public relations activities, issue press releases, and utilise social media to spread their message and gain traction. By doing so, they can shape public opinion and exert pressure on decision-makers.
- Coalition Building: Building a broad coalition of supporters, including non-governmental organisations, community groups, and other stakeholders, can strengthen a repeal campaign. This demonstrates widespread support for the repeal and makes it more difficult for policymakers to ignore. For instance, the opposition to the reinstatement of the Vagrancy Act in the Levelling Up and Regeneration Bill united various parties, leading to its removal.
- Legal and Legislative Strategies: Understanding the legal and legislative processes is crucial for repeal campaigns. This includes knowing the requirements for repealing a law, such as express or implied repeal processes, and engaging with legislative bodies to propose and enact the repeal. The Law Commission, an independent body that reviews and recommends reforms to the law in England and Wales, plays a role in proposing the repeal of obsolete laws.
Overall, repeal campaigns in the UK require a combination of public engagement, advocacy, and strategic utilisation of legislative processes to successfully achieve their goal of repealing a particular law.
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Frequently asked questions
An Act of Parliament creates a new law or changes an existing law. An Act may come into force immediately, on a specific future date, or in stages. The repeal of a statute may be either express or implied. Express repeal occurs when express words are used in a statute to repeal an earlier statute. Implied repeal occurs when two statutes are mutually inconsistent, and the latter statute repeals the former.
The Poor Laws in England were repealed in 1948 and replaced by modern social welfare legislation.
The Corn Laws in England were repealed in 1846 after a passionate campaign. Prohibition in the United States was repealed by the Twenty-first Amendment, the only constitutional amendment to have been repealed in the US.
The Law Commission drafts Statute Law (Repeals) Acts, which repeal enactments that are no longer of practical utility.
