DANCEST 805 Lecture Notes - Lecture 54: Municipal Law, Logical Truth, Monism
Document Summary
Il (addresses inter-state relations) is a separate system from domestic law (addresses relations between individuals), so it is important to show their relationship. There are overlapping issues (e. g. trade, environment, hr). Despite the fact that il claims superiority over domestic law, national legal system is free to determine how to apply and enforce il. Relationship between il and domestic law is unified; il rules are directly applied (no need to transpose). Il and treaties require to be transposed into national law, e. g. by judicial order or a statute. Municipal law should solve the the constitution. (e. g. france, the conflict of rules. Netherlands, spain) extent that it is accepted by a sovereign. Both approaches are criticized, because they don"t account for the practice of international and national courts. According to kelsen, monism is a logical necessity, because il and national law derive their validity from the same source ( basic norm") and form a single system of norms.
