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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - abrogare
Definition of abrogare
Abrogare
In legal terms, abrogare refers to the act of formally canceling or repealing an existing law, or a specific part of an existing law, through the enactment of a new law. This process effectively removes the older legal provision from force, replacing it or rendering it obsolete.
Example 1: Imagine a state had an old statute from the 1950s that mandated all public records be kept on paper and stored physically. A new law is passed in 2023, recognizing digital record-keeping. This new law includes a clause stating that "Section 3 of the Public Records Act of 1950 is hereby abrogated," thereby eliminating the requirement for physical paper records and allowing for digital storage. This illustrates abrogare because the new law explicitly removes a specific provision from an older law.
Example 2: A city council might have an outdated ordinance from the 1980s that strictly regulates the use of dial-up internet services, including specific fees and access times. As technology advanced, this ordinance became irrelevant. The city council then passes a comprehensive new "Digital Communications Act" that governs all forms of internet access. Within this new act, there is a provision stating that "all prior ordinances pertaining to internet service regulation, including Ordinance 123-85, are hereby abrogated." Here, an entire older ordinance is formally canceled by the new, superseding legislation, demonstrating abrogare.
Example 3: Consider a federal regulation from the early 2000s that set specific emissions standards for gasoline-powered vehicles. Years later, with advancements in environmental science and automotive technology, Congress passes a new Clean Air Act amendment. This amendment introduces significantly stricter emissions standards for all vehicles, including electric ones, and explicitly states that "the emissions standards set forth in the 2003 Motor Vehicle Emissions Regulation are hereby abrogated and replaced by the provisions of this amendment." This is an instance of abrogare because the new legislative act directly nullifies and replaces the older regulatory standards.
Simple Definition
Abrogare, a term originating from Roman law, is a verb meaning to repeal or remove an existing law through the enactment of a new law. Essentially, it describes the act of nullifying an old legal provision by introducing a superseding one.