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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 revocation of a previous law; it may also be the partial cancellation or amendment of a law, decree, or legal regulation by the imposition of a newer one. Catholic Church The 1983 Code of Canon Law governs here in canon 53: This canon incorporates Rule 34 in VI of the '' Regulae Iuris'': ''"Generi per speciem derogatur"'' or "The specific derogates from the general."Coriden ''et al.'', ''Commentary'', pg. 54 (commentary on canon 53). See also *Repeal *Conflict of laws *Implied repeal *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 H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Of Catholic Canon Law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his '' Decretum''. In the Eastern Catholic canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West. Much of the legislative style was adapted from that of Roman Law especially the Justinianic ''Corpus Juris Civilis''. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman Law in the 11th century, canon law served as the most important unifying force among the local systems in the Civil Law tradition. The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state. The Catholic Church developed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon (canon Law)
In canon law, a canon designates some law promulgated by a synod, an ecumenical council, or an individual bishop. The word "canon" comes from the Greek ''kanon'', which in its original usage denoted a straight rod that was later the instrument used by architects and artificers as a measuring stick for making straight lines. ''Kanon'' eventually came to mean a rule or norm, so that when the first ecumenical council—Nicaea I—was held in 325, ''kanon'' started to obtain the restricted juridical denotation of a law promulgated by a synod or ecumenical council, as well as that of an individual bishop. Etymology Greek ''kanon'' / grc, κανών, Arabic ''Qanun'' / قانون, Hebrew ''kaneh'' / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (''cf.'' the Romance-language ancestors of the English word "cane"). A ''kanon'' was the instrument used by architects and artificers for making straight lines. Pre-Nicene usage Som ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derogates
Derogation, in civil law and common law, is the partial suppression of a law. In contrast, annulment is the total abolition of a law by explicit repeal, and obrogation is the partial or total modification or repeal of a law by the imposition of a later and contrary one. It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Statutory interpretation Under the derogation cannon of statutory interpretation "statutes in derogation of the common law" should be narrowly construed. Terrorism A UK law permitting warrantless arrest and detention on suspicion of terrorist involvement was found to violate protected rights, according to the ECHR decision in '' Brogan v. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 Code Of Canon Law
The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church '' sui iuris'' of the Catholic Church. It was promulgated on 25 January 1983 by John Paul IISacrae Disciplinae Leges accessed Jan-11-2013 and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Repeal
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable. This doctrine is expressed in the Latin phrase ''leges posteriores priores contrarias abrogant'' or "lex posterior derogat priori". Implied repeal is to be contrasted with the express repeal of legislation by the legislative body. Canada In Canadian law, it is possible for a law to be protected from implied repeal by way of a "primacy clause" which states that the act in question supersedes all other statutes until it is specifically repealed. Acts with such primacy clauses are called quasi-constitutional. United Kingdom In the 2002 English case ''Thoburn v Sunderland City Council'' (the so-called "Metric Martyrs" case), Lord Justice Laws held that some constitutionally significa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Repeal
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified part o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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