Question:
What does the Latin maxim generalia specialibus non derogant, mean?
What does the Latin maxim generalia specialibus non derogant, mean?
Show Hint
"Lex specialis derogat legi generali" is a sister maxim.
Always apply the special provisions of law over general provisions when both cover the same dispute.
Always apply the special provisions of law over general provisions when both cover the same dispute.
Updated On: Jul 7, 2026
- All laws yields to the fundamental law.
- Special law yields to general law.
- General law yields to special law.
- Special laws do not yield generally.
Show Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
Step 1: Understanding the Question:
The question asks for the meaning and application of the Latin maxim "generalia specialibus non derogant" in statutory construction.
Step 2: Key Principles and Statutory Provisions:
This maxim is used to resolve conflicts between a general law and a special law covering the same subject matter.
Step 3: Detailed Explanation and Analysis:
• "Generalia specialibus non derogant" translates literally to: "General things do not derogate from special things."
• In practice, this means that if there is a conflict between a general provision in a statute and a specific/special provision, the special provision will prevail over the general provision.
The general law "yields" to the special law on that specific point.
• The legislature is presumed to have given special attention to the unique circumstances of the special case when enacting the special law.
Therefore, a subsequent general law cannot silently repeal or override those special provisions unless it does so explicitly.
• For example, if a general code regulates contracts, but a special Act regulates banking contracts, the provisions of the special banking Act will apply to banking transactions instead of the general contract law.
Step 4: Final Answer:
The maxim means that general law yields to special law, which corresponds to Option C.
The question asks for the meaning and application of the Latin maxim "generalia specialibus non derogant" in statutory construction.
Step 2: Key Principles and Statutory Provisions:
This maxim is used to resolve conflicts between a general law and a special law covering the same subject matter.
Step 3: Detailed Explanation and Analysis:
• "Generalia specialibus non derogant" translates literally to: "General things do not derogate from special things."
• In practice, this means that if there is a conflict between a general provision in a statute and a specific/special provision, the special provision will prevail over the general provision.
The general law "yields" to the special law on that specific point.
• The legislature is presumed to have given special attention to the unique circumstances of the special case when enacting the special law.
Therefore, a subsequent general law cannot silently repeal or override those special provisions unless it does so explicitly.
• For example, if a general code regulates contracts, but a special Act regulates banking contracts, the provisions of the special banking Act will apply to banking transactions instead of the general contract law.
Step 4: Final Answer:
The maxim means that general law yields to special law, which corresponds to Option C.
Was this answer helpful?
0
0
Top KLEE LLM Legal Studies Questions
- Raw materials based on which law creates certain rights and duties are called
- Source of law which consist in declaration of legal rules by a competent authority.
- Law is what the court has decided in respect of any particular set of facts, prior to such a decision , the opinion of lawyer is only a guess and this cannot be treated as law unless the court so decides by its judicial pronouncement. Consider the above observation and find which of the statement is correct?
- Consider the meaning of the maxim ‘cessante ratione legis cessat ipsa lex’ and see which of the following satisfies the essence of the maxim?
- Consider the following statements and identify which of the statements reflect the philosophy of Feminist school of thought?
View More Questions
Top KLEE LLM Interpretation of Statutes Questions
- Which of the following statements are correct?
When the language of a statute is ambiguous, the factors that may be taken into consideration to ascertain its intention are: -
(i) The preamble to the statute.
(ii) The statement of objects of and reasons for bringing it on the statute book.
(iii) Public opinion.
(iv) The purpose underlying the legislation. - It is a well settled canon of interpretation of statutes that _______________ must be regarded as the only source of its intention.
- Choose the most appropriate option.
Where an Act confers a jurisdiction, it impliedly also grants _______________, as are essentially necessary to its execution. - The phrase “cum inverbis nulla ambiguitas est, non debet admitti voluntatis quaestio”, in the context of tax law, provides: -
- The rule of interpretation is that the taxation statute must be interpreted ________.
View More Questions
Top KLEE LLM Questions
- Raw materials based on which law creates certain rights and duties are called
- Source of law which consist in declaration of legal rules by a competent authority.
- Law is what the court has decided in respect of any particular set of facts, prior to such a decision , the opinion of lawyer is only a guess and this cannot be treated as law unless the court so decides by its judicial pronouncement. Consider the above observation and find which of the statement is correct?
- Consider the meaning of the maxim ‘cessante ratione legis cessat ipsa lex’ and see which of the following satisfies the essence of the maxim?
- Consider the following statements and identify which of the statements reflect the philosophy of Feminist school of thought?
View More Questions