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ABROGATION (Lat. abrogare, to repeal ...

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Originally appearing in Volume V01, Page 72 of the 1911 Encyclopedia Britannica.
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ABROGATION (See also:Lat. abrogare, to See also:repeal or annul a See also:law; rogare, literally " to ask," to propose a law) , the annulling or repealing of a law by legislative See also:action. Abrogation, which is the See also:total annulling of a law, is to be distinguished from the See also:term derogation, which is used where a law is only partially abrogated. Abrogation may be either See also:express or implied. It is express either when the new law pronounces the annulment in See also:general terms, as when in a concluding See also:section it announces that all See also:laws contrary to the provisions of the new one are repealed, or when in particular terms it announces specifically the preceding laws which it repeals.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 See also: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 See also:statute revives the provisions of the See also: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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