Abrogated United States Supreme Court Decisions
Abrogation may refer to: * ''Abrogatio'', the Latin term for legal annulment under Roman law * Abrogation of Old Covenant laws, the ending or setting aside of Old Testament stipulations for the New Testament * Abrogation doctrine, a doctrine in United States constitutional law * Naskh (tafsir) (Arabic for ''abrogation''), a genre of Islamic exegesis dealing with conflicting material in Islamic law * Abrogation in public law, the doctrine of abrogation in UK public law See also * Adrogation, a form of adoption in Ancient Rome * Obrogation In civil law, obrogation (Latin: ''obrogat'' from ''obrogare'') is the modification or repeal of a law in whole or in part by issuing a new law. In canon law, of the Catholic Church, obrogation is the enacting of a contrary law that is a revocatio ...

Abrogatio
In Roman law, ''abrogatio'' is in general an annulment of a law or legal procedure. ''Abrogatio'' or annulment of a citizen's rights was a necessary preliminary before he was sent into exile. ''Abrogatio legis'' ''Abrogatio legis'' was the total repeal of a law. For example, the ''Lex Canuleia'' was an abrogation of the earlier law of the Twelve Tables that prohibited marriage between a patrician and a plebeian. A partial repeal of a law was either ''derogatio'' or ''exrogatio legis''. Originally, the ''comitia centuriata'' ("centuriate assembly") had to abrogate a law. When Sulla became dictator, all the laws passed by his opponents (the ''populares'') were abrogated. ''Abrogatio imperii'' ''Abrogatio imperii'' was the annulment of a magistrate's ''imperium'' (power or right to command). It was essentially the removal of a magistrate from office, and was "extremely rare". Originally, the ''abrogatio imperii'' would have required the tribal assembly to pass a plebiscite, as was th ...
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Abrogation Of Old Covenant Laws
While most Christian theology reflects the view that at least some Mosaic Laws have been set aside under the New Covenant, there are some theology systems that view the entire Mosaic or Old Covenant as abrogated in that all of the Mosaic Laws are set aside for the Law of Christ. However, other theologians do not subscribe to this view, believing that the Law and the Prophets form the basis of Christian living and Christian ethics, and are therefore not abrogated; rather, they can only be understood in their historical context subsequent to the advent of the Messiah. Individuals who believe that Old Covenant laws have been completely abrogated are referred to as antinomians by various Christian traditions, such as the Methodist faith, which teaches that the moral law continues to be binding on the faithful. New Covenant theology New Covenant theology is a Christian theological system that shares similarities with and yet is distinct from dispensationalism and Covenant theolog ...
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Abrogation Doctrine
The Abrogation doctrine is a US constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented (''i.e.'', to "abrogate" their immunity to such suits). In ''Seminole Tribe v. Florida'', the Supreme Court ruled that the Congress's authority, under Article One of the United States Constitution, could not be used to abrogate state sovereign immunity. However, the Congress ''can'' authorize lawsuits seeking monetary damages against individual U.S. states when it acts pursuant to powers delegated to it by amendments subsequent to the Eleventh Amendment. This is most frequently done pursuant to Section 5 of the Fourteenth Amendment, which explicitly allows the Congress to enforce its guarantees on the states and thus overrides states' Eleventh Amendment immunity. The doctrine was first announced by the Supreme Court in a unanimous decision written by then-Associate Justice William R ...
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Naskh (tafsir)
''Naskh'' ( نسخ) is an Arabic word usually translated as " abrogation". In tafsir, or Islamic legal exegesis, ''naskh'' recognizes that one rule might not always be suitable for every situation. In the widely recognized Burton, "Those Are the High-Flying Cranes", ''JSS'', 15, 1970: p. 250 and "classic" form of ''naskh'',Hazimi, Abu Bakr. Al-I'tbar, 5-6 Burton, ''Islamic Theories of Abrogation'', 1990: p. 56 one ''ḥukm'' "ruling" is abrogated to introduce an exception to the general rule, but the text the ''ḥukm'' is based on is not repealed. Burton, "The Exegesis of Q.2:106", ''BSOAS'', 48, 1985: p. 456 Some examples of Islamic rulings based on ''naskh'' include a gradual ban on consumption of alcohol (originally alcohol was not banned, but Muslims were told that the bad outweighed the good in drinking) and a change in the direction of the qibla, the direction that should be faced when praying salat (originally Muslims faced Jerusalem, but this was changed to face the Kaaba ...
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Abrogation In Public Law
In public law, abrogation is the ''proposing away'' of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. The abrogation of such a responsibility or duty, unless required by primary legislation would amount to an unconstitutional delegation of power to a foreign government or other sovereign power. It is a protected value at Common Law that Parliament has legislative supremacy even to the point that the sovereign power extends to the breaking of treaties, if need be. Delegation of responsibility In the judicial review ''R (on the application of Andrew Michael March) v Secretary of State for Health'' which challenged the UK Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry , there was reference to abrogation in the 2009 legal papers of both the defendant and the claimant which led up to the hearing the following year. The claim form, dated 18 August 2009, originall ...
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Adrogation
Adrogation, among ancient Romans, was a kind of adoption in which the person adopted was free, and consented to be adopted by another. It was done at the assembly of the people while the commonwealth subsisted, and later by a rescript of the emperors. The Roman practice of adrogation required the adrogator to be at least 60 years old, for otherwise it was expected that they be procreating rather than adopting. Exception was made for the infertile and those who wished to adopt within the family. This is contrasted with arrogation, in which one claims another for oneself without the right. See also *Adoption in ancient Rome Adoption in ancient Rome was practiced and performed by the upper classes; a large number of adoptions were performed by the Senatorial class. Succession and family legacy were very important; therefore, Romans needed ways of passing down their fo ... References Adoption in ancient Rome {{AncientRome-law-stub ...
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