Meaning of Repeal

What is Repeal:

A derogation is a procedure that is carried out to render a particular regulation, provision or law ineffective or effective. It is a term that corresponds to the area of ​​Law.

The repeal leaves a law without rigor of validity, that is, it revokes and cancels it following a series of previously stipulated legal parameters. Therefore, repeal is the opposite of enactment, which consists of approving the existence of a law.

At present, the request for the repeal of a law may arise from the State agencies themselves, in favor of a law that conforms to a series of regulations, or from citizens who request the legal adjustment of certain terms in order to implement it. general well-being.

The repeal is executed through public bodies or powers that have been authorized to carry out this task.

For example, the legislative branch is an entity, like legal bodies, from which this type of action can be taken. Once a law is repealed, citizens cannot enforce it.

It is even important to mention that the repeal of a law or regulation can be total or partial depending on the case, either because a law is replaced by a new one or because it is a law that is no longer applied for various reasons.

Types of derogation

Below are the types of derogation based on a precept or contradiction.

Tacit repeal

It is a derogation that is carried out tacitly and does not define its scope. Therefore, one or more laws are enacted that nullify a set of previous regulations, since they have contrary or different content.

Express repeal

It is a type of repeal that directly determines the law or laws that will be repealed. Generally, it is a type of derogation that generates greater legal certainty than the tacit derogation.

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