disapply

disapply

(ˌdɪsəˈplaɪ)
vb (tr) , -lies, -lying or -lied
(Law) formal to make (a law or legal requirement) not applicable or invalid
References in periodicals archive ?
If the Order is confirmed, a conveyance is registered in implement of the Order which may vary or extinguish rights to enforce real burdens and servitudes affecting the land and/or disapply a development management scheme affecting the land.
common law constitutionalism "claims the existence of judicially enforceable higher law even absent a switch to a formal written constitution, including the power of courts to disapply conflicting statutes"); W.
58 Of other competition-related cases on national systems' duty to ensure EU rules take full effect, for instance, in CIF, the principle of sincere cooperation read together with substantive competition law led the CJEU to rule that a national competition authority was under the obligation to disapply national law which undermined EU competition law.
The placing is conditional, inter alia, upon the company obtaining approval from its Shareholders to grant the board authority to allot the placing shares and to disapply statutory pre-emption rights which would otherwise apply to the allotment of the placing shares.
The NZBORA allows courts to quash executive action that violates any of the protected rights, but expressly states that courts have no power to disapply legislation and, uniquely in this family, provides for no expressly stated judicial power to declare statutes to be inconsistent with the bill of rights.
The club lost an attempt to disapply preemptive rights for the second year running.
The club lost an attempt to disapply pre-emptive rights for the second year running.
Despite the lack of formal supremacy, Kavanagh regards the HRA as akin to an entrenched, formally supreme bill of rights: it is legally pervasive (providing a framework against which all other statutes are tested), (33) it is not subject to the doctrine of implied repeal, (34) and express repeal is both politically unlikely (35) and--unless the HRA was replaced with a similar, perhaps even more rights-protective, regime--would involve repudiating the obligations assumed under the ECHR, (36) The HRA is thus both 'relatively entrenched' and allows the courts, in practical if not formal terms, to disapply inconsistent legislation.
Specifically, although the freedom of contract principle is embedded in UAE law, it is a common fact that the UAE courts may, on the grounds of public policy and morality, disapply the foreign laws.
In some cases the Member State must disapply its own law.
According to the EU Court of Justice (ECJ), Article 27 of the Charter of Fundamental Rights of the EU on workers' right to information and consultation cannot be invoked in a dispute between individuals in order to disapply a national provision implementing Directive 2002/14/EC.
The letter stated that a new national veto over EU laws would "enable Parliament to disapply EU legislation, where it is in our vital national interests to do so".