Abrogation

Abrogation in United States

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Abrogation Definition

The destruction of or annulling a former law by an act of the legislative power, or by usage. It is a total annulment, as distinguished from derogation, which is a repeal of part. Abrogation may be express or implied. Express Abrogation. That 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 where it abrogates certain preceding laws, which are named. Implied Abrogation. That which takes place when the new law contains provisions which are positively contrary to the former laws, without expressly abrogating such laws ; for it is a maxim, Posteriora derogant prioribus (10 Mart. [La.] 172, 560); and also 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, Dr. Civ. tit. prel. § 11, note 151; Merlin, Repert.

Abrogation in Foreign Legal Encyclopedias

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Abrogation Abrogation in the Tax Law Portal of the American Encyclopedia of Law.
Abrogation Abrogation in the and Finance and Banking Portal of the American Encyclopedia of Law.
Abrogation Abrogation in the Employment and Labor Portal of the American Encyclopedia of Law.
Abrogation Abrogation in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Abrogation Abrogation in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

The destruction of or annulling a former law by an act of the legislative power, or by usage. It is a total annulment, as distinguished from derogation, which is a repeal of part. Abrogation may be express or implied. Express Abrogation. That 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 where it abrogates certain preceding laws, which are named. Implied Abrogation. That which takes place when the new law contains provisions which are positively contrary to the former laws, without expressly abrogating such laws ; for it is a maxim, Posteriora derogant prioribus (10 Mart. [La.] 172, 560); and also 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, Dr. Civ. tit. prel. § 11, note 151; Merlin, Repert.

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Notice

This definition of Abrogation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

The annulment or repeal of a law or obligation by an authoritative act. For example, the common law (in U.S. law) is abrogated by statute.

(Revised by Ann De Vries)

What is Abrogation?

For a meaning of it, read Abrogation in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Abrogation.

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See Also

  • Legal Topics.
  • NASKH.

    Further Reading (Articles)

    Abrogation to Rebuild the Nation, Canadian Dimension; January 1, 1993; Campbell, Bruce

    Peace or Jihad? Abrogation in Islam.(Islamist Ideology), Middle East Quarterly; September 22, 2007; Bukay, David

    What Abrogation Means, Canadian Dimension; January 1, 1993

    Dissension among the ranks–the courts are at odds over 11 U.S.C. (Section) 106 and its purported abrogation of sovereign immunity in the bankruptcy code, The University of Memphis Law Review; January 1, 2002; Veach, Shauna Fuller

    Free Trade Abrogation Is a Diversion, Canadian Dimension; May 1, 1993; Brown, Howard

    Enrile Cautions against Calls for VFA Abrogation, Manila Bulletin; February 23, 2009

    ABROGATION OF FASCIST LAW DEMANDED IN S. KOREA., States News Service; June 9, 2011

    Abrogation of recurrent autoimmunity provides islet graft survival., Diabetes Week; November 8, 2004

    Abrogation of macrophage migration inhibitory factor decreases West Nile virus lethality by limiting viral neuroinvasion.(Research article), Journal of Clinical Investigation; October 1, 2007; Arjona, Alvaro Foellmer, Harald G. Town, Terrence Leng, Lin McDonald, Courtney Wang, Tian Susan J. Wong Montgomery, Ruth R. Fikrig, Erol Bucala, Richard

    Commonwealth Secretary-General deplores abrogation of Fiji’s constitution., PAC – Pacific Islands Broadcasting Association; April 14, 2009

    Arafat Says PLO Charter `Superseded,’ Refuses to Back Its Formal Abrogation, The Washington Post; May 4, 1989; Jonathan C. Randal

    Agency’s bid to acquire loans worth [euro]211m a total abrogation of rights, says developer, The Irish Times; October 6, 2010; MARY CAROLAN

    Maoists to hold talks directly with ‘foreign lord’, not with puppet//Abrogation of unequal treaties, border disputes will be agendas., The Kathmandu Post; December 22, 2009

    Maoists to hold talks directly with ‘foreign lord’, not with puppet//Abrogation of unequal treaties, border disputes will be agendas, The Kathmandu Post; December 22, 2009

    Maoists to ‘hold direct talks’ with foreign lord, not with puppet//Abrogation of unequal treaties, border disputes will be agendas with New Delhi, The Kathmandu Post; December 22, 2009

    Maoists to ‘hold direct talks’ with foreign lord, not with puppet//Abrogation of unequal treaties, border disputes will be agendas with New Delhi., The Kathmandu Post; December 22, 2009

    No abrogation of trust.(Local), The Virginian-Pilot (Norfolk, VA); January 20, 2012

    BSKF demands abrogation of JS Shipping Body, The New Nation (Dhaka, India); October 4, 2010

    AIMPLB wants abrogation of Art 44, Hindustan Times (New Delhi, India); January 31, 2006

    BSKF demands abrogation of JS Shipping Body., The New Nation (Dhaka, India); October 4, 2010

    Abrogation: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Abrogation. This part provides references, in relation to Abrogation, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Abrogation by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Abrogation and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Abrogation or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Abrogation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Abrogation. Finding these decisions can be challenging. In many cases, researchers about Abrogation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Abrogation when formerly requested by a designated government officer):

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