Eghbalali Mirzaee
Abstract
By repealing a law it ceases to be valid and by wich the law's life terminate. In traditional approach abrogation takes in two manners: expressly and impliedly. This Thesis effort is to amend this theory. Abrogation is only express and it takes when legislator specify repealed law. ...
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By repealing a law it ceases to be valid and by wich the law's life terminate. In traditional approach abrogation takes in two manners: expressly and impliedly. This Thesis effort is to amend this theory. Abrogation is only express and it takes when legislator specify repealed law. But when judge cannot reconcile between two conflicting laws, his main task is to override one of them.Regarding the purport of laws and argueing pro or con alaw in persuasive manner is exclusive way to proclaim tacit abrogation or predomination of it. Indeed judge has not authority to rescind law. Therefore implied repealing is matter of construction and metaphorical expression. Abrogation takes in four manners: Total, partial, subordinative and relative. By total abrogation legislator repeals abody of laws. Wereas in partial repeal only some sections of a law is abrogated. In subordinate repealing one law is rescineded, ipso facto, in subject to another law. Finally relative abrogation (=derogation) is abolishing of a law, as by subsequent act wich limits its scope
Eghbal Ali Mirzaei
Abstract
Temporary act (or law) is a law which its validity terminates by termination of period that is determined in the same act. So, this law is rescinded without enacting a “repealing act”. Non-temporary acts are rescinded only by enacting repealing acts. Although the legislator can repeal temporary ...
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Temporary act (or law) is a law which its validity terminates by termination of period that is determined in the same act. So, this law is rescinded without enacting a “repealing act”. Non-temporary acts are rescinded only by enacting repealing acts. Although the legislator can repeal temporary laws in the period of their validity, he can repeal all laws in any time. Because the validity of laws is not an eternal matter.
Inside of temporary and non-temporary acts there are circumstantial laws; some acts are depend circumstances for which they were enacted. Thus by termination of those circumstances those laws may not be enforced. As such these types of laws are in fact temporary; albeit their validity period is not determined. But circumstantial and temporary acts are rescinded by expiring their period and without enacting repealing law. Therefore, those laws may not be forced by termination of those circumstances.
Eghbalali Mirzaei
Abstract
The abandoned law is a law which is not come into force in courts and other executive bodies, regarding the capability and possibility of the enforcement. Hence, the law abandoning criteria is failure in executing the same by official authorities and law enforcement bodies. Therefore, we should separate ...
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The abandoned law is a law which is not come into force in courts and other executive bodies, regarding the capability and possibility of the enforcement. Hence, the law abandoning criteria is failure in executing the same by official authorities and law enforcement bodies. Therefore, we should separate such concept from the similar ones. Occasionally, the legislator shall temporarily cease the enforcement of a certain law for any reason. Such law is not obsolete, but also the execution thereof has remained as suspended. Also, a law may not be enforced for not having any subject and credit and its execution is suspended. If a law is disobeyed by the people, it shall not be obsolete, provided that the courts shall not forbear from applying the law in respect of the offenders. Because, the law violating behaviors which, from time to time, prevail in the society do not have the customary cause in real concept. In other words, the prevalence of public violation from a law shall not cause to remain it obsolete, although the dignity of the law is diminished. If the ordinary people makes indifferent to the law, the breach of law is achieved not its abandoning. Notwithstanding, the law abandoning, contrary to its abrogation, shall not cause to invalidate the law, because only the legislator can abrogate or annul the law, as he makes or enacts a law.
