Abrogation

views updated Jun 08 2018

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; fromsubrogation, 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

views updated May 23 2018

Abrogation (Muslim): see NASKH.