abrogation


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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 ?
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.
In the fullness of time those, who subverted the Constitution, and those, who lent legitimacy to its abrogation and subversion, must be punished; they will be," the President said and added, "it is indeed for the democratic Parliament to decide on how to punish them.
Satti said treason charges should also be brought against all those who conspired for, collaborated in or refused to object to successive abrogation of the constitution since 1956 - a year which finds mention in the High Treason (Punishment) Act.
He said handing the records over, even confidentially, "may impede or cause the abrogation or loss of the attorney-client privilege of the governmental body, or may 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.
Abrogation in the Qur'an and Islamic law; a critical study of the concept of "Naskh" and its impact.
Article 90 of the Constitution says the ratification of international treaties and agreements, or abrogation thereof, is the right of parliament.
The law stipulates the abrogation of any article contradicting its provisions.
The demonstrators also called for the dissolution of the lower house of Parliament and the abrogation of the peace treaty with Israel, witnesses said.
They also called for immediate abrogation of the gas deal with Israel and
This document is further proof at the abrogation of their social responsibility and a thinly veiled attempt to self-privatize without any oversight or regulation.
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.