monism
Monism holds that international law and municipal law are parts of one legal order. On this view, international law applies within a state without any act of transformation, and most monists (notably Kelsen) say that international law prevails in case of conflict. Dualism, by contrast, treats them as separate systems, so that a treaty must be made part of domestic law by legislation before courts can apply it.
India largely follows the dualist approach for treaties (Art. 253 allows Parliament to legislate to implement them), but its courts apply customary international law and read unincorporated treaties into domestic law where there is no conflict, especially to give content to fundamental rights.
Example
Under a monist system, a ratified treaty could be applied by domestic courts without an implementing statute.
In Indian law
- Articles 51(c) and 253, Constitution of India
See also
dualism · treaty · customary international law · pure theory of law
Read more in the study notes
- My Search for Truth: Radhakrishnan's early life and the making of a philosopher (English)
- Kelsen's pure theory of law and the Grundnorm (Legal Theory)
- Sovereignty: meaning, aspects, attributes and kinds (Political Science - Theory and Thoughts)
- Relationship between international law and municipal law (Public International Law)