Yeah, repeal by implication is disfavored. But, that's one way the courts take power away from the legislature. Or, how the legislature delegates its responsibility to the courts. Pass inconsistent laws, make new laws that contradict older laws without specifically naming them and formally announcing they're repealed, and just sit back and let the courts deal with it. If the Courts' application of statutory construction yields results that make the politicians happy, they take the credit. If the result in court is upsetting to the politicians and their constituents, then the legislators blame the judiciary.
QUOTE FROM GEORGIA SUPREME COURT in Oxford v. Carter (1961)
In the construction of a statute, all laws in pari materia should be considered in order to ascertain the intention of the legislature. Harrison v. Walker, 1 Ga. 32. A statutory rule must be construed consistently with the whole system of pleading and practice of which it forms a part. McDougald v. Dougherty, 14 Ga. 674.
*823 To the above rules on pari materia, Georgia has recognized, by way of obiter dictum, an exception. In Ryan v. Commissioners of Chatham County, 203 Ga. 730 (48 S. E. 2d 86), it was stated that statutes in pari materia could not be looked to where the language of the statute under consideration was clear and unambiguous.
In this case, however, that rule comes into conflict with other recognized and well-settled rules of statutory construction, viz.:
(1) Repeals by implication are not favored. Murray v. State, 112 Ga. 7 (37 S. E. 111); Cornwell v. Atlanta Trust Co., 177 Ga. 303 (170 S. E. 194); Moore v. State, 150 Ga. 679 (104 S. E. 907).
(2) The intention of the legislature is the cardinal guide to construction of statutes and, when plainly collected, should be carried into effect, though contrary to the literal sense of terms. Erwin v. Moore, 15 Ga. 361.
(3) Where a statute is susceptible of two constructions, one of which would render it meaningless, the intention of the legislature should be construed so as not to render the statute absurd and ineffective. Stelling v. Richmond County, 81 Ga. App. 571 (59 S. E. 2d 414); Scott v. Mayor &c. of Mount Airy, 186 Ga. 652 (198 S. E. 693).
Thus, when a literal interpretation of a statute would have the effect of (1) repealing a prior statute by implication, and (2) rendering the statute under consideration meaningless, the court should consider all statutes in pari materia and attempt to reconcile and harmonize them whenever possible.
QUOTE FROM GEORGIA SUPREME COURT in Oxford v. Carter (1961)
In the construction of a statute, all laws in pari materia should be considered in order to ascertain the intention of the legislature. Harrison v. Walker, 1 Ga. 32. A statutory rule must be construed consistently with the whole system of pleading and practice of which it forms a part. McDougald v. Dougherty, 14 Ga. 674.
*823 To the above rules on pari materia, Georgia has recognized, by way of obiter dictum, an exception. In Ryan v. Commissioners of Chatham County, 203 Ga. 730 (48 S. E. 2d 86), it was stated that statutes in pari materia could not be looked to where the language of the statute under consideration was clear and unambiguous.
In this case, however, that rule comes into conflict with other recognized and well-settled rules of statutory construction, viz.:
(1) Repeals by implication are not favored. Murray v. State, 112 Ga. 7 (37 S. E. 111); Cornwell v. Atlanta Trust Co., 177 Ga. 303 (170 S. E. 194); Moore v. State, 150 Ga. 679 (104 S. E. 907).
(2) The intention of the legislature is the cardinal guide to construction of statutes and, when plainly collected, should be carried into effect, though contrary to the literal sense of terms. Erwin v. Moore, 15 Ga. 361.
(3) Where a statute is susceptible of two constructions, one of which would render it meaningless, the intention of the legislature should be construed so as not to render the statute absurd and ineffective. Stelling v. Richmond County, 81 Ga. App. 571 (59 S. E. 2d 414); Scott v. Mayor &c. of Mount Airy, 186 Ga. 652 (198 S. E. 693).
Thus, when a literal interpretation of a statute would have the effect of (1) repealing a prior statute by implication, and (2) rendering the statute under consideration meaningless, the court should consider all statutes in pari materia and attempt to reconcile and harmonize them whenever possible.