Derogation
As derogation ( Latin derogare "abolish") are various processes referred to in legal language , with which the applicable law is replaced by another regulation.
Legislation
A legislative authority can derogate the partial expiry of a legal provision , also referred to as obrogation in canon law . In contrast, the abrogation describes the complete abolition of a legal norm. In the case of republication or republication , only existing law is re-established without changing its content.
As with the amendment , the actus contrarius theory also applies to derogation , according to which the legislative authority can only dispose of the validity and binding nature of legal provisions through legal provisions. A distinction must be made between formal and material derogation.
Formal derogation
A legal provision can contain the order that a specific, named legal provision should "cease to be in force". This process is known as formal derogation. For example, it is expressed with the following expressions: "Section 4 of the XY Act will expire on December 31, 2012 [or with effect from January 1, 2013]." In particular, sections 1 to 3 of the relevant Law is not affected and remain in force.
Material derogation
A legal provision can regulate certain facts without making an express order that an older legal provision that is incompatible with the new regulation should expire. The user of the law is thus called upon to determine by way of interpretation what has been repealed and what has remained in force.
Material derogation is expressed with the following phrase: "All provisions in other federal laws that contradict this federal law cease to be in force when this federal law comes into force."
A special case is when an old legal provision does not explicitly expire despite its incompatibility: Then one speaks of petrifying the law. These legal provisions typically no longer apply in practice, but can lead to problems in terms of interpretation or in special cases. The petrification theory as a doctrine is a tool for solving such problems, which in the sense of originalism places the regulation in the context of its origin (interpretation of the legislature's intention at the time of validity) in order to reinterpret it in the current rules and competencies.
Procedural law
With an agreement on the place of jurisdiction , the legally competent court can be voted out (derogation) and at the same time the jurisdiction of another court can be established ( prorogation ).
