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Derogation is a legal term of art, [1] [2] which allows for part or all of a provision in a legal measure to be applied differently, or not at all, in certain cases. [3] The term is also used in Catholic canon law, [4] [full citation needed] and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law.
The Court held that the Brussels Convention was a mandatory set of rules designed to harmonise and so produce a predictable system throughout the EU. If states were able to derogate from the Convention using their domestic rules of civil procedure, this would deny a uniform result to proceedings based on forum selection. Hence, at 46. the ECJ held:
The lex specialis doctrine, also referred to as generalia specialibus non derogant ("the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). [1]
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Article 15 of the European Convention on Human Rights allows contracting states to derogate from certain rights guaranteed by the Convention in a time of "war or other public emergency threatening the life of the nation".
The treaty allows for the emergence of new peremptory norms, [7] but does not specify any peremptory norms. It does mention the prohibition on the threat of use of force and on the use of coercion to conclude an agreement: A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.
25. The guarantee in this Charter of certain rights and freedoms shall not be construed as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
Meaning in English Origin language Etymology (root origin) English examples ... derogate, derogation, derogatory, interrogation, prerogative, prorogue, rogation ...