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.

Part of a series on the
Canon law of the
Catholic Church
 Catholicism portal

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

Canon law

That is to say, in canon law a dispensation affirms the validity of a law, but asserts that the law will not be held to apply to one or more specific persons, for a specific reason. (For example, while the Catholic Church's canon law does not normally recognise gender transition, an intersex woman may present appropriate medical documentation to seek, and possibly receive, a dispensation from the Holy See to live and be recognised as a man, or vice versa.) Derogation, on the other hand, affects the general applicability of a law.

A non-canon-law analogue of dispensation might be the issuing of a zoning variance to a particular business, while a general rezoning applied to all properties in an area is more analogous to derogation.

European Union law
Main article: European Union 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).

gollark: - you should tell people when you find some information on them, not then decide to go hunting for yet more information and not telling them in the meantime- you should stop gathering data on them when they ask you to, and not try and deliberately stop them from knowing you're doing it
gollark: Fine, I'll try and restate my views less ambiguously.
gollark: You did say something about not stopping if someone asked you to?
gollark: Ah, no, I'm not against the telling bit ~~as much as~~ but the refusing to stop bit.
gollark: What? Where am I considering not telling good?

See also

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

Bibliography
  • Della Rocca, F. (1959) (trans. Rev. Anselm Thatcher, O.S.B.), Manual of Canon Law. Milwaukee: The Bruce Publishing Company.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.