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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Generalia specialibus non derogant
| Literal meaning | General things do not take away from special things |
|---|---|
| Pronunciation | jen-er-AH-lee-ah spesh-ee-AL-ih-bus non DEH-roh-gant |
Where a general law and a special law deal with the same matter, the special law prevails. A later general law does not repeal an earlier special law unless it says so.
Example
A general statute allows any person to appeal in 90 days, and a special statute for tax matters sets 30 days. The special 30-day rule applies for tax appeals.
Case laws
- Seward v. Owner of the Vera Cruz (1884), House of Lords: a general later law does not by implication repeal an earlier special law.
Exceptions / limits
A clear intention in the later general law to override the special law is followed.
Exam tip
Asked with implied repeal and harmonious construction.
Memory trick
Special beats general.
Key takeaway
A special law prevails over a general law.
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