Legal Definitions - obrogate

Obrogate

To obrogate means to modify or repeal an existing law, either in part or in its entirety, by passing a new law. This process allows legislatures to update, refine, or replace older statutes with newer ones that better reflect current societal needs or policy objectives.

Here are a few examples:

• Imagine a state had an older law governing data privacy, which was enacted before the widespread use of smartphones and social media. The legislature then passes a comprehensive new data protection act that specifically updates and replaces certain sections of the previous law, introducing stricter consent requirements and new rights for individuals. In this scenario, the new data protection act obrogates the relevant sections of the older privacy law by superseding its provisions.

• Consider a city ordinance that previously mandated specific building materials for all new residential construction, perhaps requiring a certain type of brick. Years later, new, more sustainable, and cost-effective materials become available. The city council then passes a new ordinance that explicitly removes the requirement for that specific brick type, allowing for a wider range of approved materials, while keeping other building safety codes intact. The new ordinance obrogates the specific material requirement from the older law.

• A federal government might have an existing law outlining the process for obtaining a particular type of business license. If a new administration decides to streamline regulations, Congress could pass a new law that completely revamps this licensing process, effectively repealing the old procedures and replacing them with a simpler, more efficient system. By enacting the new regulatory framework, Congress would obrogate the previous licensing law.