Derogation

Derogation is the partial suppression of a law,^[1] as opposed to abrogation—total abolition of a law by explicit repeal—and obrogation—the partial or total modification or repeal of a law by the imposition of a later and contrary one. The term is used in canon law,^[1] civil law, and common law. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e. a subsequent law imparts the abolition of a previous one.

Derogation differs from dispensation in that it applies to the law, where dispensation applies to specific people affected by the law.

In terms of European Union legislation, a derogation can also imply that a member state delays the implementation of an element of an EU Regulation (etc.) into their legal system over a given timescale,^[2] such as five years; or that a member state has opted not to enforce a specific provision in a treaty due to internal circumstances (typically a state of emergency).

See also

• Repeal
• Implied repeal
• Obrogation

References

1. Manual of Canon Law, pg. 69
2. Derogation – EU Jargon

Bibliography

1. Della Rocca, Fernando (translated by Rev. Anselm Thatcher, O.S.B.); "Manual of Canon Law" (Milwaukee: The Bruce Publishing Company, 1959).

External links

• Catholic Encyclopedia Derogation