GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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16:11 Feb 2, 2018 |
Spanish to English translations [PRO] Business/Commerce (general) | |||||
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| Selected response from: Rebecca Jowers Spain Local time: 12:12 | ||||
Grading comment
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Summary of answers provided | ||||
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5 | Implied Repeal Principle |
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4 | principle of temporal application |
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Discussion entries: 1 | |
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Implied Repeal Principle Explanation: (or) Principle/Doctrine of Implied Repeal the principle that a subsequent rule/norm/act/statute (governing the same matter and of the same or superior level) repeals an earlier one ("lex posterior derogat lege anteriori") The definition actually appears in your text: "En virtud del principio de temporalidad normativa, una norma posterior deroga a una anterior con igual objeto y sobre la misma materia." -------------------------------------------------- Note added at 1 hr (2018-02-02 17:21:59 GMT) -------------------------------------------------- Correction of the Latin: "lex posterior derogat legi priori" |
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principle of temporal application Explanation: Hi Olivia, this one is easy to explain but tough to express in a concise phrase. The principle is that a law or rule applicable at one point in time, may cease to be applicable at a subsequent point due to the enactment of a superseding law or rule. Hence, application is of a temporal nature - (not to be confused with temporary, which implies that application is necessarily limited by time). There's a paper called "The Temporal Application of the Vienna Convention on the Law of Treaties", which discusses how that Treaty has been applied over time as other, competing laws and treaties were enacted. http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?artic... -------------------------------------------------- Note added at 3 hrs (2018-02-02 19:15:00 GMT) -------------------------------------------------- Rebecca put forth a great answer too. Hers is specific to the mechanism of laws being superseded by subsequent laws, whereas my answer is a broad reference to the principle that laws may or may not apply over time. I'd research the scope of 'temporalidad' a bit further, and if you find that temporalidad applies *only* to the superseding/repeal mechanism, I would use Rebecca's term. If you find that it also applies to cases *other than* that mechanism, I would use my term. -------------------------------------------------- Note added at 3 hrs (2018-02-02 19:18:52 GMT) -------------------------------------------------- Ah well I just caught it in your discussion reference, Olivia: "De estos principios, especialmente del de temporalidad, se deriva la necesidad de que cuando...sustituya, derogue o modifique una Norma anterior." So derogar is "to repeal", but there were also the examples of "sustituir" and "modificar" which go beyond the phrase "Implied Repeal". So I believe I would stick with my broader suggestion that covers for all those scenarios. |
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