Abrogation

• Author: Jeffrey Lehman, Shirelle Phelps

Page 29

The destruction or annulling of a former law by an act of the legislative power, by constitutional authority, or by usage. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away of only some part of a law; from SUBROGATION, which denotes the substitution of a clause; from dispensation, which only sets it aside in a particular instance; and from antiquation, which is the refusing to pass a law.

For example, the abrogation of the EIGHTEENTH AMENDMENT to the Constitution, which prohibited the manufacture or sale of intoxicating liquors, was accomplished by the enactment of the TWENTY-FIRST AMENDMENT. Implied abrogation takes place when a new law contains provisions...