FREE Catholic Classes
(Latin derogatio ).
The partial revocation of a law, as opposed to abrogation or the total abolition of a law. This definition of derogation first introduced by the Roman jurisconsult Modestinus (XVI, 102, De verb. significatione) was soon adopted in the canonical legislation. Even yet, however, derogation in a loose sense means also abrogation, hence the common saying: Lex posterior derogat priori , i.e. a subsequent law imports the abolition of a previous one. Dispensation differs from derogation principally in the fact that the latter affects the law itself which is thereby partially revoked, while the former affects the persons bound by the law, from whose obligation some of them are in particular cases totally or partially released. Derogation is often accomplished by special clauses inserted in papal documents, e.g. Non obstantibus etc. (see RESCRIPTS ). The absence of such derogatory clauses as are always employed in papal rescripts makes them defective in form. The following rules are helpful for the interpretation of derogations:
- Apart from special cases, derogations are to be strictly interpreted, any correction of the law being regularly of an odious nature.
- A simple derogation, that imposes no obligation contrary to that of the existing law, does not require a formal promulgation.
- No clause expressly derogatory of the existing law is requisite in making derogations from any kind of general ecclesiastical laws; exception is made only when it is proposed to derogate from the rules of the Apostolic Chancery.
- Derogations couched in general terms are not upheld; they must be made in specific and formal terms.
- The rule of law that a special enactment is derogatory of the previous general one ( Generi derogatur per speciem ; Reg. 34 in VI) means that a particular law which is a derogation of a general one must always produce its derogatory effect, it being immaterial whether it was issued before the general law or after it. In the latter case the special law is maintained as it was intentionally made by the competent superior; nor in the former instance does it lose its value, because the superior had no intention of abolishing it by a subsequent general law, it being a presumption that superiors are not cognizant of particular laws or customs. (see CUSTOM; LAW).
We ask you, humbly: don't scroll away.Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.
Help Now >
Join the Movement
When you sign up below, you don't just join an email list - you're joining an entire movement for Free world class Catholic education.
Stations of the Cross
Mysteries of the Rosary
Saint of the Day for Monday, March 20th, 2023
Saints & Angels
First Station: Jesus is condemned to death
Female / Women Saints
Litany of the Blessed Virgin Mary
The Apostles' Creed
St. Joseph: A True 'Man's Man', Calling All Men to Follow Jesus
St. Patrick Calls ALL Christians to be the Missionaries of this Age
Why are Marian Apparitions important?
Here are more interesting facts about St. Patrick's Day few people know
6 FUN FACTS about St. Patrick and St. Patrick's Day that may surprise you!
- Daily Readings for Tuesday, March 21, 2023
- St. Enda: Saint of the Day for Tuesday, March 21, 2023
- Prayer of St. Francis of Assisi before the Blessed Sacrament: Prayer of the Day for Tuesday, March 21, 2023
- Daily Readings for Monday, March 20, 2023
- Bl. John of Parma: Saint of the Day for Monday, March 20, 2023
- A Prayer for the Family: Prayer of the Day for Monday, March 20, 2023
Saints & Angels
Copyright 2022 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2022 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.
Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.