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.
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- Special law prevails over general law
- Common law prevails over statutory law
- Recent laws are superior to older ones
- Written law is superior to oral agreements
The Correct Option is A
Solution and Explanation
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.
Top Questions on Legal Maxims
Administrative law, as a distinct and evolving branch of public law, governs the organization, powers, and functions of administrative authorities. It occupies a crucial interstice between constitutional law and statutory interpretation, addressing the *modus operandi* of state instrumentalities when exercising administrative functions. In modern democracies, the proliferation of welfare legislation and delegated authority has transformed administrative law into a vital mechanism for ensuring *ultra vires* actions do not subvert the rule of law. The foundational maxim *fiat justitia ruat caelum* resonates strongly, where courts scrutinize administrative decisions for legality, reasonableness and procedural propriety. Further, the principles of natural justice embody the due process of law.
The doctrine of proportionality, increasingly recognized in Indian administrative jurisprudence, acts as a check on arbitrary executive action, balancing means with legitimate ends. Similarly, the doctrine of legitimate expectation, though non-binding, obliges administrative bodies to honour representations made unless overriding public interest dictates otherwise. While delegated legislation is a functional necessity, its legitimacy is constantly tested against the doctrine of excessive delegation. The judiciary intervenes when subordinate legislation transcends the enabling Act or violates constitutional parameters. Thus, administrative law operates as a constitutional sentry, safeguarding individuals from administrative overreach. In essence, administrative law is a dynamic equilibrium—preserving the efficiency of governance while upholding fundamental liberties. It ensures that administrative power remains an instrument of service and not a device of domination, echoing the maxim *salus populi suprema lex*.
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