abrogation


Also found in: Dictionary, Thesaurus, Financial, Wikipedia.
Related to abrogation: prowling, reassemble, resulting

Abrogation

The destruction or annulling of a former law by an act of the legislative power, by constitutional authority, or by usage. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away of only some part of a law; from Subrogation, which denotes the substitution of a clause; from dispensation, which only sets it aside in a particular instance; and from antiquation, which is the refusing to pass a law.

For example, the abrogation of the Eighteenth Amendment to the Constitution, which prohibited the manufacture or sale of intoxicating liquors, was accomplished by the enactment of the Twenty-First Amendment. Implied abrogation takes place when a new law contains provisions that are positively contrary to a former law, without expressly abrogating such laws, or when the order of things for which the law has been made no longer exists.

abrogation

noun abolishment, abolition, annulment, canceling, cancellation, countermand, counterorder, defeasance, dissolution, invalidation, overriding, overruling, recall, recantation, renege, repeal, repudiation, rescission, retraction, reversal, suppression, undoing, voidance, vacation, vacatur, withdrawal
See also: abandonment, abatement, abolition, ademption, annulment, avoidance, cancellation, condemnation, countermand, default, defeasance, desertion, desuetude, discharge, discontinuance, dissolution, inaction, mistrial, negation, nollo prosequi, obviation, repudiation, rescision, reversal, revocation, termination, waiver

ABROGATION, in the civil law, legislation. The destruction or annulling of a former law, by an act of the legislative power, or by usage. A law may be abrogated or only derogated from; it is abrogated when it is totally annulled; it is derogated from when only a part is abrogated: derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. Dig lib.. 50, t. 17, 1, 102. Lex rogatur dum fertur; abrogatur dum tollitur; derogatur eidem dum quoddam ejus caput aboletuer; subrogatur dum aliquid ei adjicitur; abrogatur denique, quoties aliquid in ea mutatur. Dupin, Proleg. Juris, Art. iv.
     2. Abrogation is express or implied; it is express when it, is literally pronounced by the new law, either in general terms, as when a final clause abrogates or repeals all laws contrary to the provisions of the new one, or in particular terms, as when it abrogates certain preceding laws which are named.
     3. Abrogation is implied when the new law contains provisions which are positively, contrary to the former laws, without expressly abrogating such laws: for it is a posteriora derogant prioribus. 3 N. S. 190; 10 M. R. 172. 560. It is also implied when the order of things for which the law had been made no longer exists, and hence the motives which had caused its enactment have ceased to operate; ratione legis omnino cessante cessat lex. Toullier, Droit Civil Francais, tit. prel. Sec. 11, n. 151. Merlin, mot Abrogation.

References in periodicals archive ?
Ahsan ud Din said endeavors are being made since 1973 that stern punishment be awarded on the abrogation of the constitution.
Abrogation of Article 370, which BJP in the past termed as discriminatory in nature, was part of the BJP's core issues since its formation.
They chanted and called for the abrogation of the VFA.
It also requires the disclosure of documents that the agency feels might "may impede or cause the abrogation or loss of the attorney-client privilege of the governmental body" or "intrude and unduly interfere upon the power of a governing board of any agency within the executive branch established by the Texas Constitution to conduct its activities and fulfill its legal mandates and responsibilities.
Among the topics are abrogation in scriptures before the Qur'an, legal abrogation, whether the Prophet forgot verses, the Five-Suckling verse and the anomalous reading of the Oath Breaking verse, and a new reading of Islamic law.
Substitution with a single UNA in the seed region of the siRNA guide strand resulted in abrogation of cell death or anti-proliferation effects associated with a specific siRNA preclinical candidate for which unintended microRNA targets had already been identified.
He called for immediate abrogation of Egypt's gas agreement with Israel which does not concur with laws of international trade.
Al-Saraj recalled the Committee's studies which led to the lifting of emergency law, abrogation of Supreme State Security Court and to the right to peaceful demonstration for all citizens in Syria.
While several solutions have been proffered, Precision-Targeted Abrogation is the proposal that most accurately targets the problems without causing excessive collateral damage to the military justice system or to an accused's individual rights.
Should Swansea council grant permission for the development, it would be a fundamental abrogation of its responsibility should it not be subject to the following legally enforceable conditions: 1.
When it's spent in the petty jobsworth harrasment of productive tax-paying members of society, abrogation of duties that people actually want discharged and making unconstitutional political pronouncements then no, I don't want to fund them.
The Pakistani government will abide by the decision of the Supreme Court if former President Pervez Musharraf is found guilty of abrogation of the Constitution, Attorney General Latif Khosa said Friday.