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''Lex specialis'', in legal theory and practice, is a
doctrine Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system ...
relating to the interpretation of laws and can apply in both domestic and international
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
contexts. The doctrine 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 situation ordinarily arises with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed. However, then, the doctrine called "lex posterior derogat legi priori" may also apply, the younger law overriding the older 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. 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 a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
: ''Lex specialis derogat legi generali''.


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 rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...


References

{{DEFAULTSORT:Lex Specialis Brocards (law) Latin legal terminology