Definition of derogation

The word "derogation" originates from the French language and literally translates to "drawing away" or "taking away." It entered the English language during the 16th century as a legal term, originally referring to the removal or limitation of a privilege or right granted to someone. In legal contexts, derogation can refer to several things. In international law, it describes a situation when a treaty includes provisions that limit or override the obligation of a party in another treaty. This is known as derogation from a previous treaty. In constitutional law, derogation is the process by which a state may temporarily suspend certain rights and liberties during times of emergency or crisis, provided that such suspension is consistent with established legal frameworks and international human rights law. In contracts, derogation refers to a situation when a party seeks to modify or exclude the application of certain provisions of the contract. When permitted, this is known as a derogation clause. Overall, the term "derogation" implies the withdrawal or diminishing of something, whether it be a privilege, right, or obligation, and has become a crucial part of legal and business language in various contexts.