Abrogation

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. to lie concealed, in order to avoid their process.

The destruction of or annulling 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 detrahiturj abrogatur legi, cum prorsus tollitur. Dig. 50. 17. L 1 < • rogatur dum fcrtur (when it is passed); abrogatur dutn tollitur (when it is rep i dum quoddam <jus caput r (when any part of it is abolished); subrogatur dum aliquid ei a<%- /!< -itur (when anything la added to it); abrogatur '. quotiea aliquid in ea mutatur (as o anything in it Is changed). Dupin, Proleg. Jur. art. iv. Express abrogation is that literally pronounced by the new law either in general terms, as when a final clause repeals all laws contrary to the provisions of the new one, or in particular term when it abrogates certain preceding laws which are named. Implied abrogation tales place when the new law contains provisions which are positively contrary to former laws, without ex-, abrogating such laws; Cor it is a maxim, poateriora derogant prioribvt; De Annas- Case, 10 Mart O. S. (La.) L72; Bernard v. Vignaud, 10 Mart. O. S. (La I and also when the order of things for which the law has been made no longer exists, and legis omnino cessante, cessat lex; Toullior, Dr. Civ. Fr. tit. prel. § 11, n. 151; Merlin, Repert Abrogation. As to the repeal of statutes by nonuser, see Obsolete.

The annulment of a law by constitutional authority. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away only some part of a law; from subrogation, which denotes the adding a clause to it; from dispensation, which only sets it aside in a particular instance; and from on-liquation, which is the refusing to pass a law. Encyc. Lond.

— Implied abrogation. A statute is said to work an "implied abrogation" of an earlier one, when the later statute contains provisions which are inconsistent with the further continuance of the earlier law; or a statute is impliedly abrogated when the reason of it or the object for which it was passed, no longer exists.

The annulment of a law by constitutional authority. It stands opposed te vogation; and is distinguished from derogation, which implies the taking away only some part of a law; from subrogation, which denotes the adding a clause to it; from dispensation, which only sets it aside In a particular instance; and from a@ntiguation, which is the refusing to passa law. Eneye. Lond.