Abrogate Dictionary Definitions

Right with reference to the repeal or abolition of a norm.

For example: “The Liberal Party deputies requested to abrogate the new tax law”, “The teachers intend to abrogate the educational reform, but we are not willing to yield”, “For the court to decide to abrogate the sanction, the club should present strong evidence that they demonstrate their innocence in fact ”.

The process and result of appealing is known as abrogation. In general, the repeal is carried out from the sanction of a new norm that replaces a previous one from having the same hierarchy or even a higher hierarchy. If we think about the National Constitution of a country, this document can only be repealed with a new Constitution, and not with lower-ranking laws or regulations.

It is important to mention that the act of repealing can be developed in a tacit way (if the new norm does not expressly repeal an earlier one, but replaces it by presenting opposite provisions) or expressly (the new norm includes an explicit declaration on the repeal of the previous one.).

The mechanism for repealing a law depends on the legislation of each country. In the United States, the Supreme Court of Justice can repeal laws passed by Congress through review. In Cuban territory, the power to modify and abrogate norms is in the power of the National Popular Assembly.

When it comes to repealing, it is inevitable that another word will come up at once. We are referring to repeal, which is often confused on a regular basis by many people. However, it must be clear that they are not the same:
-The derogation affects one or more articles of a law or ordinance. What is done is to suppress or reform them because they come to contravene what is established in that legislation. And by repealing them, what is achieved is that there is a harmony in all of it.
-However, when it comes to repealing, it is establishing that the process is complete when the publication and declaration of the application of a new law or ordinance is put into effect.

That is to say, the derogation becomes an action that refers to a specific part of the law or the mentioned order and the abrogation comes to extend to the whole of it or the same. This is how we can easily understand the difference between the two concepts of Law.