Legal Definitions - derogation

Derogation refers to the act of diminishing, limiting, or undermining something, often a law, a right, or a reputation. It can manifest in several ways:

• 1. Limiting a Law or Rule: When a new law or regulation reduces the scope, power, or effectiveness of an existing one, it is said to be in derogation of the older rule. This doesn't necessarily mean the older law is completely abolished, but its application or force is lessened.

  • Example A: A state passes a new consumer protection act that requires all product warranties to be clearly written and easily understandable. This new act is in derogation of an older, more general contract law that previously allowed for vague or complex warranty language, as it now limits how those older contract principles can be applied to warranties.

    Explanation: The new consumer protection act doesn't abolish the old contract law, but it restricts its application specifically concerning product warranties, thereby diminishing the older law's previous broad scope in this area.

  • Example B: A city council enacts a new ordinance prohibiting loud construction work before 8 AM. This ordinance is in derogation of a previous, more lenient noise regulation that allowed construction to begin at 7 AM, as it restricts the earlier permitted activity.

    Explanation: The new ordinance limits the freedom previously allowed under the older noise regulation, reducing its utility and force by imposing a stricter time constraint.

• 2. Disparagement or Undermining Reputation: This refers to actions or statements that lessen the value, reputation, or estimation of a person, group, or concept.

  • Example A: During a public debate, one candidate makes unsubstantiated claims about the other candidate's professional integrity. These claims constitute a derogation of the opponent's character and reputation.

    Explanation: The unsubstantiated claims aim to lower the public's estimation and trust in the other candidate, thereby diminishing their standing.

  • Example B: A company launches an advertising campaign that unfairly criticizes the quality and safety standards of a competitor's product without factual basis. This campaign is a derogation of the competitor's product and brand image.

    Explanation: The advertising seeks to reduce the perceived value and trustworthiness of the competitor's product in the eyes of consumers.

• 3. Impairing a Right or Grant: This involves actions that diminish or interfere with an existing right, privilege, or agreement, even if they don't completely abolish it.

  • Example A: A property owner grants an easement to a neighbor, allowing them to cross a specific path on their land. Later, the property owner erects a fence that partially blocks the path, making it difficult to use. This action is a derogation of the neighbor's granted easement right.

    Explanation: While the easement isn't completely revoked, the fence interferes with and diminishes the neighbor's ability to fully exercise their granted right to cross the path.

  • Example B: A university guarantees its faculty members academic freedom, allowing them to research and teach without undue interference. If the university administration then implements a policy requiring all research topics to be pre-approved by a committee based on political alignment, this could be seen as a derogation of the faculty's academic freedom.

    Explanation: The new policy limits and undermines the previously guaranteed right to academic freedom by introducing a restrictive approval process.