Maxim 10.6.5
The specific derogates from the general.
Specialis derogat generali.
Source: Halk. Max. 51; Jenk. Cent. 199
Difficulty 1/5 — Foundational
Explanation
When a general and a specific provision conflict, the specific provision controls; the legislature is presumed to have enacted the special rule with the general one in mind.
Where this applies
- The specific provision should control over the general one when they conflict.
- A specific rule overrides a general rule on the same subject.
- When there's a conflict between a broad statute and a narrow one, the narrow one wins.
Legal domains
See also
Cite this maxim
NeCede Max. 10.6.5 — The specific derogates from the general. — Halk. Max. 51; Jenk. Cent. 199 (Specialis derogat generali.)
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