Explain about Lex Specialist Derogat Legi Generalis, Lex Posterior Derogat Legi Priori, Lex Superior Derogat Legi Inferior? (Explain not only the meaning)
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Answer:
Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws and can apply in both domestic and international law 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).[1] 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.[2]
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.[3] 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: Lex specialis derogat legi generali.
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