2016

Ion GÂLEA, A New Perspective on the Relation between International Law and Domestic Law, Based on the Rule of Law

Abstract: The relation between international law and domestic law has been traditionally analyzed according to a pair of complementary theories, monism and dualism. This article proposes a different argument, based on the principle of „Rule of law”. The study attempts to formulate the argument that, over the last years, the rule of law has crystallized as an emerging rule of customary international law. Moreover, the content of the principle of rule of law has developed in a substantial manner. The article supports the argument that one of the elements of the rule of law is the obligation of the State to ensure that international law is implemented in the domestic law to the largest extent possible. Consequently, an action of the legislative which would nullify the domestic effect of an international law norm would be contrary to the rule of law.

Keywords: international law in domestic law, rule of law, customary international law, constitution. 


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