From en.wikipedia.org:
[Term in Roman law] In Roman law, _ABROGATIO_ is in general an annulment of a
law or legal procedure.
_Abrogatio_ or annulment of a citizen's rights was a necessary preliminary
before he was sent into exile.[1]
** _Abrogatio legis_
_Abrogatio legis_ was the total repeal of a law. For example, the _Lex
Canuleia_ was an abrogation of the earlier law of the Twelve Tables that
prohibited marriage between a patrician and a plebeian. A partial repeal of a
law was either _derogatio_ or _exrogatio legis_.[2] Originally, the _comitia
centuriata_ ("centuriate assembly") had to abrogate a law.[3] When Sulla
became dictator, all the laws passed by his opponents (the _populares_) were
abrogated.[4]
** _Abrogatio imperii_
_Abrogatio imperii_ was the annulment of a magistrate's _imperium_ (power or
right to command). It was essentially the removal of a magistrate from
office, and was "extremely rare".[5] Originally, the _abrogatio imperii_ would
have required the tribal assembly to pass a plebiscite, as was the case when a
magistrate's _imperium_ was extended past his elected term _( prorogatio
)_.[6] _Abrogatio_ was a preliminary step to prosecuting a magistrate, who was
immune to prosecution during his term in office, and was usually initiated by
a tribune of the plebs.
Livy records three _abrogationes_ from 217 to 204 BC, during the Second Punic
War. Each case was brought by a tribune against a magistrate whose strategy
in the field had met with objections at Rome, even though no military defeats
or setbacks resulted. Personal rivalries seem to have among the motives. In
217, the tribune Marcus Metilius threatened to abrogate the command of Quintus
Fabius Maximus Verrucosus, due to the stalling tactics which earned him the
nickname Cunctator ("the Delayer"). Political resistance from the senate
presumably caused Metilius to back down. In 209, the tribune Publicius
Bibulus proposed the abrogation of the command held by Marcus Claudius
Marcellus, who had not led his troops out even though Hannibal was at the time
moving freely about Italy. In 204, the elderly Fabius Maximus urged the
tribunes to abrogate the command of Scipio on the ostensible grounds that he
had left his assigned province of Sicily without authorization from the
senate; in actuality, his intention seems to have been to take advantage of
any damage to Scipio's reputation from his association with the disreputable
Pleminius, with the goal of thwarting Scipio's overall strategy of invading
Africa in order to lure Hannibal out of Italy. None of these _adrogationes_
succeeded.[7]
** References
[Reflist]
[italic title] Category:Roman law