Question

What is the meaning of legal maxim “lex specialis derogat legi generali”? “lex specialis derogat legi generali” means the special law prevails over the general law.

• A. Special law prevails over general law
• B. Common law prevails over statutory law
• C. Recent laws are superior to older ones
• D. Written law is superior to oral agreements

Hint:

When interpreting legal maxims, always focus on the scope of the law in question. Special laws are more specific and take precedence over general laws.

Answer 1

The Correct Option is A

Step 1: Understanding the Maxim 
The maxim “lex specialis derogat legi generali” is a legal principle stating that special laws take precedence over general laws in case of a conflict between the two. This ensures that a law specifically designed for a particular issue or case will override a broader law. 
Step 2: Practical Application 
In practice, if a special law governs a particular field, such as a sector-specific regulation, it will be applied over any general law that might otherwise govern the same situation. For example, environmental laws may take precedence over general property laws when dealing with issues related to the environment. 
Step 3: Importance in Legal Interpretation 
This maxim is important in legal interpretation as it helps prioritize laws that are more specific to the circumstances of a particular case. It ensures that the most relevant law, tailored to the issue at hand, is applied.