Repeal is a term that is commonly used in the legal field. Repeal a law or a regulation implies annulling it, modifying it or ceasing to apply it. In this sense, the opposite of the repeal of a law is its promulgation, which is the legal act by which a law is formally formalized and, therefore, the explicit recognition for a law to enter into force.
Why are the laws repealed?
Law is the discipline that seeks to regulate life is society in a harmonious and fair way. However, a given law may turn out to be inappropriate over time. Laws must connect with social reality and when this does not happen it is necessary to suppress those norms that are considered obsolete or non-operational.
How is a law repealed?
The procedure is simple, since a law is repealed when it is replaced by a new law. In fact, when a new law is promulgated, it is usual for the repealing laws to appear in the law itself, that is, the laws that are suspended as an effect of the new legal norm. In the case of not presenting a new law that replaces a previous one, it can be spoken of tacit repeal, which means that the law exists but is not applied in practice and it is as if it did not exist. This situation is complex from the point of view of the interpretation of the laws, since something that is not annulled continues in force. In the event that there is a conflict in this sense (when the new law does not repeal the previous one in its entirety) there is a general principle of law by which it is possible to solve said conflict: if the previous and subsequent law contradict each other, it is necessary to apply the new interpretation.
As the repeal of a law can be partial or total, it must be remembered that in the terminology of the law a distinction is made between repeal (a part of the law is annulled) and abrogation (the repeal occurs when the repeal is total and a subsequent law specifically invalidates the previous one).
The idea of derogation in the sphere of law is based on a principle that comes from Roman Law: lex posterior derogat anterior (the new law cancels the previous one). This general rule is implicit in the legal codes of most countries. And it is logical that this is the case, since the Law starts from a general idea (the need for a social order governed by justice) and, in parallel, the social order and human reality change in some aspects over time. This process of change explains the need to repeal certain laws so that the ideal of justice adjusts to the historical context.
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