Abrogation

The abrogation is the total repeal of a law by a provision of equal or higher rank that replaces it, as in the case of a Constitution that can only be abrogated by another Constitution. Traditionally, the abrogation or repeal was distinguished; the first annulled or totally abolished the law, and the second only partially. In addition, it can be express, if a law strictly declares the abolition of a previous one; or tacit, when a new law, without expressly repealing the previous one, contains provisions contrary to it.

Etymology

The word abrogate comes from the Latin preposition ab, or abs, which denotes the idea of separation or distance, with the nuance of totality, and from the verb rogo-rogas-are, which means to address someone, beg, request, and in Roman law, present a law before the people. Consequently, as the Digest indicates: "a law is repealed when it is eliminated in its entirety". Not so repeal, which is derived from the particle de, which denotes simple distancing, without implying totality and the same verb rogo-rogas-rogare, understanding that a law is repealed when a part of it is removed.

Use by country

• In Mexico, the legislature has the power to repeal, revoke and reform the laws of the country, provided that the powers of the Congress are to be enforced.

• In Cuba, the National People ' s Assembly is obliged to agree on reforms to the Constitution and to adopt, modify or repeal laws and submit them to the public consultation. It is also entitled to revoke in whole or in part the decrees-laws issued by the Council of State; the decrees or provisions of the Council of Ministers that contradict the Constitution or the laws; the agreements or provisions of the local organs of the “popular power” that violate the Constitution, the laws, the decrees-laws, the decrees and other provisions issued by the organs of higher rank to the generals, or those that affect the interests of the country.

• In Venezuela it is established in article 74.

• In Roman law, it was the act of leaving without legal effect a legal provision.