Derogation is a legal term describing the ability to apply part or all of a provision in a legal measure differently, or not at all, in particular cases, rather than repealing the provision outright. The concept appears across several legal domains, including treaty law, human rights law, European Union law, constitutional law, and civil law systems, where a state or authority may suspend or limit certain obligations under defined conditions. It is also used in Catholic canon law, where derogation is distinguished from dispensation: derogation modifies the law itself, while dispensation excuses specific persons from a law that remains otherwise in force. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Core PrincipleThe partial repeal or limitation of a law's scope by a later act, rather than its complete repeal 1 Sources
1. Derogation (The Law Dictionary, Black's Law Dictionary 2nd ed.)
Definition entryQuote, Definition entry
The partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force.
View the Source Derogation (Wikipedia)
Reader Challenges (0)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.