Disapplying

Disapplying refers to the act of deciding that a rule, law, principle, or standard will not be applied in a particular situation, case, or context. It involves deliberately choosing not to enforce or utilize something that would normally be applicable. This decision to 'disapply' can stem from various reasons, including the belief that the standard is inappropriate for the specific circumstances, that it would lead to an unjust outcome, or that a superior legal or ethical principle should take precedence. The process often involves a careful consideration of the relevant factors and a weighing of competing interests to reach a reasoned conclusion. It signifies a departure from the usual course of action, allowing for a more flexible and potentially more equitable outcome, but requiring justification.

Disapplying meaning with examples

• The judge, recognizing the unfairness of applying the mandatory minimum sentence in the defendant's case, considered dis-applying it due to mitigating circumstances. The prosecution presented arguments against it, but ultimately, the judge, prioritizing fairness, decided on a lesser sentence. The defendant's remorse, combined with his cooperation, were key factors, making the strict rule inappropriate here.
• Faced with a bureaucratic regulation that would severely delay a vital humanitarian aid shipment, the relief organization decided to dis-apply the regulation temporarily. This was necessary to ensure the timely delivery of essential supplies to a disaster zone. The decision was made after carefully documenting the urgency and potential consequences of adhering to the strict rules.
• The ethical review board, presented with a groundbreaking but potentially controversial research proposal, decided to dis-apply certain standard informed consent procedures. The potential benefits to humanity were so substantial and the risks so minimal. They implemented alternative safeguards to balance ethical obligations with scientific progress, allowing the project to proceed.
• A company, concerned about the negative impact of a particular environmental regulation on a vulnerable community, explored ways to dis-apply it. It focused on demonstrating that the regulation, if strictly enforced, would cause severe hardship. They proposed alternative solutions that would better protect the environment and the community's welfare.