Difference between abrogate and derogate
Abrogate
It is the complete annulment of a law by a provision of equal or greater hierarchy that literally replaces it. For example, a Constitution can only be abrogated by another Constitution. Generally, repeal was distinguished from repeal because the former annulled or abolished a law and the latter only did so in parts.
An abrogation can be express, if it declares the abolition of the previous law; or tacit, when the new law does not annul the previous one, it has only the provisions contrary to it.
Derogate
It is a process that renders a normative provision invalid, whether it is of the rank of a minor law. It is contrary to the enactment. The legislative power of a country can issue or repeal regulations with the force of law.
In different nations, the Constitutional Court has the power to be a negative legislator, having the ability to repeal laws that are against the current Constitution in the country.
The derogation can be:
Express repeal: A repealing norm expressly cites those norms that will be eliminated.
Tacit repeal: It tacitly repeals the regulations prior to it and that the content is contrary to the newly enacted one. It puts into practice the legal principle that reads: lex posterior derogat anterior (the subsequent law repeals the previous one).
Difference between repeal and repeal
- To repeal is to eliminate or suppress the validity and the obligation of a law with another of greater or equal degree.
- To repeal is to partially remove the effects of a law. The usefulness of some precepts ends, but not the entire legal system or regulation in which they are found.
