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?
Topics
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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