Legal Definitions - antiquare

Antiquare

In its original context from Roman law, the verb antiquare refers to the act of rejecting or nullifying legal proposals or existing laws. It encompasses two primary meanings:

• To reject a proposal for a new law: This means to vote against or otherwise prevent a proposed piece of legislation from becoming law.
• To repeal an existing law: This refers to the formal act of revoking or canceling a law that is already in effect.

Here are some examples illustrating the concept of antiquare:

• Imagine a modern-day legislative body, such as a state assembly, debating a bill that proposes a new environmental regulation. After extensive discussion, the assembly holds a vote, and the majority of representatives vote against the bill, preventing it from advancing to become law.

  This scenario illustrates the first meaning of antiquare, as the proposed new law was rejected and thus set aside before it could take effect.

• Consider a historical example where a kingdom had an old decree mandating a specific type of agricultural practice. Over centuries, farming methods evolved, and the decree became impractical and counterproductive. A new monarch or ruling council convenes and formally issues an edict that explicitly cancels and removes the old agricultural decree from the law books.

  Here, the act of formally canceling the outdated decree demonstrates the second meaning of antiquare, which is to repeal an existing law.

• In a municipal context, a city council might be presented with a citizen-led initiative to establish a new curfew for minors. After public hearings and deliberation, the council decides that the proposed curfew is not in the best interest of the community and votes unanimously to defeat the initiative, ensuring it does not become a city ordinance.

  This example again highlights the rejection of a proposed new law, akin to antiquare, where the legislative body prevents a new regulation from being enacted.