Constitutional law vs international law

  • How does international law as a source of law fit into the principles of constitutional law in South Africa?

    Section 232 of South Africa's constitution gives customary international law binding effect in domestic law, unless it is inconsistent with the constitution or an Act of Parliament..

  • What do you mean by international constitutional law?

    International constitutional law is the study of constitutions in general, and combines aspects of constitutional law, public international law and legal theory.
    It adds international and transnational treaties to constitutional law.
    In federal states, subnational constitutions can also be identified..

  • What is the constitutionalization of international law?

    Basically, constitutionalization in public international law suggests that international law and its suborders have reached a degree of 'objectiv- ity' in order to limit state sovereignty like a constitutional order..

  • What is the difference between international laws and local laws?

    What is the difference between Domestic and International Law? Domestic Law governs the behaviour and conduct of individuals within a nation.
    International Law governs the conduct and behaviour of nations in the international system.
    It also serves as a vital structure that guides the foreign relations of nations..

  • The question whether it can be called a superior law remains in doubt in spite of the growing acceptance and respect for international law among the member-States.
    International Law deals with States as legal and political entities and it applies to all the States equally without any regard to their size and power.
  • What is the difference between Domestic and International Law? Domestic Law governs the behaviour and conduct of individuals within a nation.
    International Law governs the conduct and behaviour of nations in the international system.
    It also serves as a vital structure that guides the foreign relations of nations.
Courts with a constitutional jurisdiction often refer to international law and decisions of international bodies law', Georgia Journal of International and.
Should a constitution mention the relationship between interna- tional law and domestic law in the domestic legal system? If so, what are the options? • Should 
Whether a country is primarily monist or dualist, courts will often consider international law when interpreting domestic law— sometimes including the  

How does international law differ from domestic law?

Because there is no single ‘sovereign’ in the international sphere, the enforcement of international law difers from the enforcement of domestic law, even when it is formally binding

Like any legal system, international law relies to a very considerable extent on recognition that voluntary compliance is in everyone’s interest

Is international law based on general principles of law?

In both international law general, and the constitutionalism debate specifically, there is frequently a failure to rigorously assess the nature of the norms in question

This is particularly the case with general principles of law, which despite their name function as international legal rules

What is the relationship between constitutional and international law?

It is the persistent tension and conflict between the two systems of norms, each of which claims superiority, that is necessary for recognizing and ensuring individual freedom

Debates about the relations between constitutional and international law hark back to the emergence of the concept of the sovereign state


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