Derogation refers to the partial removal or reduction in usefulness of a law due to the implementation of a new law. It can also involve making negative remarks about something or someone, thereby diminishing their value. In certain cases, it may even involve the deprivation of someone’s rights or privileges. The term “derogate” is employed as a verb to describe the action of engaging in these activities.
Derogation refers to the act of partially repealing or abrogating a law through a subsequent act that restricts its extent or diminishes its effectiveness. It can also denote the act of belittling or devaluing something, or the act of detracting, prejudicing, or nullifying a grant or entitlement.
1. The government’s newly passed law is in derogation of the previous law that safeguarded the rights of citizens.
2. Some individuals argue that the derogation of family values has contributed to an increase in crime.
3. The attorney may face consequences for deviating from professional integrity, which can be considered derogation.
These examples highlight how a new law can limit or impair the effectiveness of a previous law, how the devaluation of family values can lead to negative outcomes, and how derogation can encompass the act of detracting or nullifying a grant or entitlement, such as an attorney’s professional integrity.
Derogation refers to the partial repeal or limitation of a law, treaty, or legal right.
Derogation can be used when there is a pressing public need or emergency that requires a temporary deviation from a legal principle or right.
Derogation must be necessary, proportionate, and non-discriminatory. It cannot be used to violate fundamental human rights.
Derogation cannot be applied retroactively. It can only be used for future actions or events.
The authority to declare derogation typically lies with the legislative or executive branch of government, depending on the legal system in place.
Derogation can be challenged in court if it is believed to be unjustified or in violation of legal principles.
The duration of derogation is typically limited to the duration of the emergency or pressing public need that prompted its use.
Derogation can be used to suspend certain constitutional rights, but only under strict conditions and for a limited period of time.
Derogation involves a temporary limitation or repeal of a law or right, while abrogation involves a complete and permanent repeal.
International treaties can be derogated in certain circumstances, but it must be done in accordance with the provisions of the treaty and international law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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