Obrogation
Part of speech: noun
Definitions
- The act of abolishing or repealing a law or legal provision by enacting a subsequent law
- The process of replacing an existing statute or rule with a newer law that overrides it
- The legal mechanism by which an older regulation is nullified through the introduction of a later law
Etymology: In Rome, a new law began as a question. A magistrate who wanted one put to the people "rogabat," literally asked them, and their vote made it binding. From "rogare," "to ask," Latin formed "obrogare," with "ob-" meaning "against," so to obrogate a law was to pass a newer one that cut across the old. The English word keeps that legal sense. The same root gave English "rogation," and "prerogative" comes from Latin "praerogativa," the century whose vote was asked first. The term is easily confused with "abrogation," which means repealing a law outright. Obrogation is narrower: a later law overrides or alters an earlier one, while the older law may still stand in other respects.