What principle of statutory interpretation shall be applied by the Courts when there is conflict between General provision and Special provision ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
What principle of statutory interpretation shall be applied by the Courts when there is conflict between General provision and Special provision ?
Answer & Explanation:
The Court shall apply the rule of construction that 'general provisions yield to special provisions'. It is the duty of the Court to avoid that and, whenever it is possible to do so, the construe provisions which appear to conflict so that they harmonize. Provisions of one Section of a statute cannot be used to defeat those of another unless it is impossible to effect re-conciliation. This principle is also expressed in the Latin maxim Generalia specialibus non derogant (also known as the rule of implied exception) meaning general things do not derogate from special things; things general do not restrict or detract from things special; universal things do not detract from specific things. This well-known proposition of law says when a matter falls under any specific provision, then it must be governed by that provision and not by the general provision. The general provisions must admit to the specific provisions of law.
Topics: Interpretation of Statutes
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