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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