The ''lex specialis'' doctrine, also referred to as ''generalia specialibus non derogant'' ("the general does not derogate from the specific"), states that if two laws govern the same factual situation, a law governing a specific subject matter (''lex specialis'') overrides a law governing only general matters (''lex generalis''). The doctrine, recognized in both legal theory and practice, can apply in both domestic and international law contexts. The name comes from the full statement of the doctrine, a legal maxim in
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
: ''Lex specialis derogat legi generali''.
The doctrine ordinarily comes into play with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed. However, under the "lex posterior derogat legi priori" doctrine, lex specialis would be applied such that the younger specific law overrides the older general law.
It can be assumed that the legislators planned to override the previous legislation. There is also a view that conflicts of norms should be avoided by a systematic interpretation.
The principle also applies to construction of a body of law or single piece of legislation that contains both specific and general provisions.
See also
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Statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
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International law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
References
{{DEFAULTSORT:Lex Specialis
Brocards (law)
Latin legal terminology