lex specialis derogat legi generali

Where a special provision and a general provision both cover a matter, the special one applies and the general one gives way to the extent of the overlap. The rule reflects the presumption that the legislature, having dealt specifically with a matter, intended that specific treatment to govern.

It is the same principle as generalia specialibus non derogant, and it can override the rule that a later law prevails: a later general law will not usually repeal an earlier special law. In international law the maxim is used to decide which of two treaty regimes applies, for example humanitarian law as the lex specialis in armed conflict.

Example

Applying lex specialis derogat legi generali, the court held that the special procedure in the Negotiable Instruments Act prevailed over the general provisions of the BNSS.

See also

generalia specialibus non derogant · leges posteriores priores contrarias abrogant · harmonious construction