Concept in Definition ABC

Repeal is a term that is commonly used in the legal field. Repeal a law or one rule implies canceling it, modifying it or ceasing to apply it. In this sense, the opposite of the repeal of a law is its promulgation, which is the legal act by which a law is formalized officially and, therefore, the explicit recognition for a law to enter into force.

Why are the laws repealed?

The right is the discipline that aims to regulate life is society in a harmonious and fair way. However, a given law may turn out to be inappropriate over time. Laws must connect with social reality and when this does not happen it is necessary to suppress those norms that are considered obsolete or non-operational.

How is a law repealed?

The procedure is simple, since a law is repealed when it is replaced by a new law. In fact, when a new law is promulgated, it is usual for the repealing laws to appear in the law itself, that is, the laws that are suspended as an effect of the new legal norm. In the case of not presenting a new law to replace a previous one, it can be said tacit repeal, which means that the law exists but is not applied in practice and it is as if it is not existed. This situation is complex from the point of view of

interpretation of the laws, since something that is not annulled continues in force. In the event that there was a conflict In this sense (when the new law does not repeal the previous one in its entirety) there is a general principle of the right by the which is possible to solve said conflict: if the previous and subsequent laws contradict each other, the new one must be applied interpretation.

As the repeal of a law can be partial or total, it must be remembered that in the terminology of the law a distinction is made between repeal (it is cancels a part of the law) and abrogation (the abrogation occurs when the repeal is total and a subsequent law specifically invalidates the previous).

The idea of ​​derogation in the field of law is based on a principle that comes from the Roman Law: lex posterior derogat anterior (the new law cancels the previous one). This general rule is implicit in the legal codes of most countries. And it is logical that this should be the case, since the Law starts from a general idea (the need for a social order governed by the Justice) and, in parallel, the social order and human reality change in some aspects over time. This process of change explains the need to repeal certain laws so that the ideal of justice adjusts to the historical context.

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Issues in Repeal