Introduction to Law Deneme Sınavı Sorusu #535192
What does mean of "lex specialis derogat legi generali"?
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Rule shall be applied if a new rule comes into conflict with a preexisting rule. |
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A legal order based on a hierarchy among legal norms. |
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The problem of a conflict between a specific anda more general rule is dealt with. |
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The reason or a law ceasing, the law itself ceases. |
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One has to exclude that meaning of a norm which would bring about ‘absurd’ effects. |
The applicability of the lex superior principle requires a legal order based on a hierarchy among legal norms. As you may remember the hierarchy of norms in the Turkish law explained in the first chapter, the constitution sits at the apex of the hierarchy of norms. That is, if a conflict arises between a provision of the constitution and a statute, the constitution shall prevail in accordance with the lex superior principle.
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