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Encyclopedia Britannica



ABROGATION (Lat. abrogare, to repeal or annul a law; rogare, literally " to ask," to propose a law)

This article appears in Volume V01, Page 72 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: A10-ADA
ABROGATION (Lat. abrogare, to repeal or annul a law; rogare, literally " to ask," to propose a law) , the annulling or repealing of a law by legislative action. Abrogation, which is the
total
  annulling of a law, is to be distinguished from the
term
  derogation, which is used where a law is only partially abrogated. Abrogation may be either
express
  or implied. It is
express
  either when the new law pronounces the annulment in
general
  terms, as when in a concluding
section
  it announces that all
laws
  contrary to the provisions of the new one are repealed, or when in particular terms it announces specifically the preceding
laws
  which it repeals. It is implied when the new law contains provisions which are positively contrary to the former laws without expressly abrogating those laws, or when the
condition
  of things for which the law had provided has changed and consequently the need for the law no longer exists. The abrogation of any
statute
  revives the provisions of the common law which had been abrogated by that
statute
 . See STATUTE;
REPEAL
 .


End of Article: ABROGATION (Lat. abrogare, to repeal or annul a law; rogare, literally " to ask," to propose a law)


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