First Principles of Business Law

6.14. Example of 'leges posteriores' and 'generalia specialibus'

The Warraloo Council Act 1991 requires representatives of the Warraloo town council to be elected by postal ballot. In 1995, the state legislature enacts the Town Council's Elections Act 1995, requiring all town councils to be elected either by postal or direct balloting, at the discretion of each individual council.

In 1996 the Warraloo Council decides to elect its next representatives by direct ballot. This decision is challenged by a group of residents who prefer postal balloting. Read the alternative arguments presented below and think about the relevant principles of interpretation. Which argument will carry greater weight?

(a) The principle leges posteriores priores contrarias abrogant should be applied, and the Warraloo Council is entitled to choose direct balloting.

(b) The principle generalia specialibus non derogant should be applie and the Warraloo Council is obliged to conduct postal balloting, notwithstanding the provisions of the Town Council's Elections Act 1995.