§ II. On Abrogation, Derogation, and Annulment of Law

I. Notions of abrogation and derogation. Abrogation is the abolition of the whole law; derogation is the abolition of only part of the law.

II. Persons competent to abrogate a law or derogate from it. The legislator, his successor, and his superior can abrogate a law or derogate from it. Abrogation or derogation is done validly even if a just cause is lacking, but not licitly. Therefore:

1. The Supreme Pontiff can abrogate all ecclesiastical laws, both general and particular, even laws of an Ecumenical Council and apostolic laws. A Bishop can abolish statutes of a diocesan synod; but an Archbishop cannot abolish statutes of suffragan Bishops.

2. Bishops cannot abrogate laws of a Provincial Council; that Provincial Council itself can do this, unless they have been confirmed in specific form, in which case they have become pontifical laws.¹

¹ In Holland a civil law cannot be abolished totally or partially except through a new law, not through a royal edict (Alg. bep., art. 5).

III. Modes of abrogating a law or derogating from it. Abrogation and derogation, considering can. 22, can be made:

1. Through express revocation of the prior law.

2. Through a new law which is directly contrary to the prior one. Nevertheless a general law in no way derogates from statutes of special places and special persons unless something else is expressly provided in it; thus can. 6, 1°, abrogated particular laws opposed to the prescriptions of the Code.

3. Through a new law which orders anew the whole matter of the prior law.

4. Through custom, about which we shall speak afterward.

Note 1. In doubt, revocation of a preexisting law is not presumed, but later laws are to be drawn to earlier ones and, as far as can be done, reconciled with them (can. 23).

Note 2. Revocation of a law which is made through a new law must, of course, be promulgated. But simple revocation of an earlier law does not need promulgation; the externally manifested will of the legislator suffices, because a law does not endure beyond the will of the legislator. But a merely internal revocation does not seem to suffice.

IV. Annulment is the nullification of a law made by him to whom it belongs to confirm it. It differs from abrogation, which regards a law fully in force, while annulment nullifies a law which has not yet been in force. The Supreme Pontiff can annul all laws of inferior legislators, suppose of a National Council, a Provincial Council, and Bishops. An inferior cannot annul the law of a superior.¹

¹ In Holland the king can annul the Statutes of the Provincial and Municipal Administration (Grondw., art. 134, § 3, art. 145; Provincial Law, July 6, 1850; Municipal Law, June 29, 1851).