LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Construction of “Subject To” in Statutes – Subordination of Provisions Made “Subject To” Others
PRINCIPLE STATEMENT
It is a well-settled rule of statutory construction that when a provision is made subject to another, that provision must be read subordinate to the provision it is made subject to.
RATIO DECIDENDI (SOURCE)
"It is a well settled rule of the construction of statutes, that when a provision is made subject to another, that provision must be read subordinate to the provision it is made subject."
EXPLANATION / SCOPE
This principle provides guidance for interpreting statutory provisions that use “subject to” language. The phrase creates a hierarchical relationship between provisions, with the provision prefaced by “subject to” being subordinate to and limited by the referenced provision. In cases of apparent conflict, the dominant provision prevails. This interpretative rule ensures internal statutory coherence and gives effect to legislative intent to create limitations or exceptions. For example, “Subject to section X, the court may…” means the power is exercisable only within the constraints established by section X. The principle prevents courts from reading provisions in isolation and ensures that statutory schemes are interpreted as integrated wholes with properly understood hierarchies of authority and limitation.