Revocation & Abrogation

When the required form is not observed, the act is inferred to be annulled.

Cum forma non observatur, infertur nullatio actus.

Source: 12 Co. 7; Weisman, 7a

Substance requires form — a contract, grant, or government act that fails to observe the prescribed form is void, not merely voidable.

A clause which excludes the power of abrogation is void from the beginning.

Clausula quae abrogationem excludit ab initio non valet.

Source: Broom, Max. 27; Bacon, Max. reg. 19; Jackson 111

No law or contract can make itself perpetual and irrevocable — the People always retain the sovereign power to alter or abolish what they have created. (Duplicate maxim — see also 11.3.1.)

Whose it is to institute, his it is also to abrogate.

Cujus est instituere, ejus est abrogare.

Source: Broom, Max. 785; Wing. Max.; Weisman, 7k; Weisman, 77e

The power to create includes the power to destroy. The People who established the constitution and government retain the exclusive power to alter or abolish both — no creature of the constitution can claim that power for itself.

A thing is dissolved in the same manner by which it was created.

Eodem modo quo quid constituitur, eodem modo destruitur.

Source: 2 Rolle 21, 39; Jenk. Cent. 74; Broom, Max. 884, 891; 6 Co. 53; Weisman, 24jj

An obligation created by words is dissolved by words; an obligation of consent is dissolved by withdrawal of consent — the remedy mirrors the creation.

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

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.

Laws may be abrogated by the same authority by which they are made.

Leges eodem modo abrogari possunt quo constituuntur.

Source: Broom, Max. 785; Weisman, 7e

What the legislature enacted, the legislature may repeal. What the People established by constitution, only the People may alter — no lesser authority suffices.