Lex specialis: Difference between revisions
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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.<ref>{{cite journal|last1=Yun|first1=Seira|title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|date=2014|volume=5|issue=1-2|pages=213–257|ssrn=2556825|accessdate=}}</ref> The principle also applies to construction of a body of law or single piece of legislation that contains both specific and general provisions. |
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.<ref>{{cite journal|last1=Yun|first1=Seira|title=Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child|journal=Journal of International Humanitarian Legal Studies|date=2014|volume=5|issue=1-2|pages=213–257|ssrn=2556825|accessdate=}}</ref> The principle also applies to construction of a body of law or single piece of legislation that contains both specific and general provisions. |
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The name comes from the full statement of the doctrine, a legal maxim in [[Latin]]: |
The name comes from the full statement of the doctrine, a legal maxim in [[Latin]]: ''Lex specialis derogat legi generali''. |
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==See also== |
==See also== |
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Revision as of 21:53, 16 February 2018
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.
See also
References
- ^ International Principle of law Trans-Lex.org
- ^ Zeller, Auslegung von Gesetz und Vertrag (Interpretation of law and contract; also Karl Larenz, Methodenlehre
- ^ Yun, Seira (2014). "Breaking Imaginary Barriers: Obligations of Armed Non-State Actors Under General Human Rights Law – The Case of the Optional Protocol to the Convention on the Rights of the Child". Journal of International Humanitarian Legal Studies. 5 (1–2): 213–257. SSRN 2556825.