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, 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 ?
This change of opinion among Indian Muslims is largely shaped by their own perception about Modi, the government and his party -- that Modi can do nothing right and that 370 abrogation was a political project done in a haste to undermine the autonomy of a Muslim-dominated region.
Jaishankar told his Chinese counterpart on 12 August on the sidelines of the Second High-Level Cultural and People to People Exchange Mechanism that the abrogation of Article 370 was an internal affair of India and that the move would have no implication for either the external boundaries of India or the Line of Actual Control with China.
The JI said that the postponement of the petition pertaining to abrogation of Article 35-A of the Indian Constitution till 27th August 2018 is a well thought-out strategy to ensure safe passage of some important events without any public disturbance.
"The issue with Jennifer should be treated separately because the issue on the VFA and the calls for its abrogation, calls for its review should be discussed on a different level," Valte said.
The controversy arose after Minister of State in the PMO Jitendra Singh said the government was working towards abrogation of Article 370 and was in talks with various stakeholders.
As regards Romania Brussels proposes the abrogation of the excessive deficit procedure, which means that Bucharest observes the golden rule of European finance.The unexpected recession of 2009 led to a significant drop in the government's revenues, which pushed the budget deficit to 9% of the GDP.
Abrogation in the Qur'an and Islamic law; a critical study of the concept of "Naskh" and its impact.
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.
In an interview with Arutz Sheva's Hebrew news service, Sharon said that there is no denying the danger that a regime change in Egypt could lead to the abrogation of the peace treaty between that country and Israel.
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.
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.
This shows that the concept of annulment or abrogation is valid in Islam.