Derogation
Encyclopedia
Derogation is the partial revocation
of a law, as opposed to abrogation
or the total abolition of a law. The term is used in both 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 imports the abolition of a previous one.
Derogation differs from dispensation in that it applies to the law, where dispensations 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, 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).
Revocation
Revocation is the act of recall or annulment. It is the reversal of an act, the recalling of a grant, or the making void of some deed previously existing.-Contract law:...
of a law, as opposed to abrogation
Abrogation
Abrogation may refer to:* Abrogation of Old Covenant laws, the ending or setting aside of the Old Testament ethics for the New Testament.* Denunciation of a treaty* Abrogation doctrine, a doctrine in United States constitutional law...
or the total abolition of a law. The term is used in both civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. It is sometimes used, loosely, to mean abrogation, as in the legal maxim: Lex posterior derogat priori, i.e. a subsequent law imports the abolition of a previous one.
Derogation differs from dispensation in that it applies to the law, where dispensations applies to specific people affected by the law.
In terms of European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
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, 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).