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NeCede's

Maxim 6.8.7

To derogate from a law is to take away part of it; to abrogate a law is to abolish it entirely.

Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur.

Source: Dig. 50, 17, 102; 1 Bouv. Inst. n. 91; Weisman, 7h Difficulty 2/5 — Approachable

Explanation

The distinction matters: partial repeal preserves the remainder; total abrogation eliminates the whole — government officers who exceed their authority abrogate the trust that created their office.

Where this applies

  • Is this new law repealing just part of the old one or all of it?
  • A bill modifies section 3 of an existing statute — does the rest still apply?

Legal domains

See also

Cite this maxim

NeCede Max. 6.8.7 — To derogate from a law is to take away part of it; to abrogate a law is to abolish it entirely. — Dig. 50, 17, 102; 1 Bouv. Inst. n. 91; Weisman, 7h (Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur.)

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