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Constitutional law and international law

This Chapter mainly aims to examine the important role that the constitutions of various States play in the reception of international law into their national legal systems; and the recognition as well as significance of constitutions in the context of international law. First of all, it briefly exp...

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Main Authors: Ahmad, Muhamad Hassan, Eishan Jan, Mohammad Naqib, Ali Mohamed, Ashgar Ali, Masum, Ahmad, Arowosaiye, Yusuf Ibrahim
Format: Book Chapter
Language:English
Published: LexisNexis Malaysia Sdn Bhd 2022
Subjects:
JX International law
K3165 Constitutional Law
Online Access:http://irep.iium.edu.my/103980/1/103980_Constitutional%20law%20and%20international%20law.pdf
http://irep.iium.edu.my/103980/
https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
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spelling my.iium.irep.1039802023-03-13T09:09:37Z http://irep.iium.edu.my/103980/ Constitutional law and international law Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Ali Mohamed, Ashgar Ali Masum, Ahmad Arowosaiye, Yusuf Ibrahim JX International law K3165 Constitutional Law This Chapter mainly aims to examine the important role that the constitutions of various States play in the reception of international law into their national legal systems; and the recognition as well as significance of constitutions in the context of international law. First of all, it briefly explains the major classification of both categories of law such as public law and private law at the national level and public international law and private international law at the international level. Then, it explores the theories - i.e., monist theory, dualist theory, and coordination theory - and the doctrines - i.e., doctrine of incorporation and doctrine of transformation - in order to provide better understanding on the relationship between national law and international law.In portraying the key objectives of this chapter, it examines the constitutions of some selected jurisdictions – i.e., East Timor, France, Germany, Greece, Japan, Kosovo, Russia, South Korea, and the Netherlands - to study how international law is incorporated into their national legal systems through their respective constitution. It further reflects the Malaysian position in the reception of international law. Finally, it points out how international law recognises constitutions of various States as contemporary sources of international law such as evidence of international customs or general principles of law; and the significance of constitutions in the context of international law as it provides an exception to use the constitution as a shield for invalidating the consent to be bound by a treaty in which it violates the constitutional provisions of a particular State. LexisNexis Malaysia Sdn Bhd 2022-10-31 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/103980/1/103980_Constitutional%20law%20and%20international%20law.pdf Ahmad, Muhamad Hassan and Eishan Jan, Mohammad Naqib and Ali Mohamed, Ashgar Ali and Masum, Ahmad and Arowosaiye, Yusuf Ibrahim (2022) Constitutional law and international law. In: Constitutional Law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, Malaysia, pp. 785-810. ISBN 978-967-270-163-7 https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic JX International law
K3165 Constitutional Law
spellingShingle JX International law
K3165 Constitutional Law
Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
Masum, Ahmad
Arowosaiye, Yusuf Ibrahim
Constitutional law and international law
description This Chapter mainly aims to examine the important role that the constitutions of various States play in the reception of international law into their national legal systems; and the recognition as well as significance of constitutions in the context of international law. First of all, it briefly explains the major classification of both categories of law such as public law and private law at the national level and public international law and private international law at the international level. Then, it explores the theories - i.e., monist theory, dualist theory, and coordination theory - and the doctrines - i.e., doctrine of incorporation and doctrine of transformation - in order to provide better understanding on the relationship between national law and international law.In portraying the key objectives of this chapter, it examines the constitutions of some selected jurisdictions – i.e., East Timor, France, Germany, Greece, Japan, Kosovo, Russia, South Korea, and the Netherlands - to study how international law is incorporated into their national legal systems through their respective constitution. It further reflects the Malaysian position in the reception of international law. Finally, it points out how international law recognises constitutions of various States as contemporary sources of international law such as evidence of international customs or general principles of law; and the significance of constitutions in the context of international law as it provides an exception to use the constitution as a shield for invalidating the consent to be bound by a treaty in which it violates the constitutional provisions of a particular State.
format Book Chapter
author Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
Masum, Ahmad
Arowosaiye, Yusuf Ibrahim
author_facet Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
Masum, Ahmad
Arowosaiye, Yusuf Ibrahim
author_sort Ahmad, Muhamad Hassan
title Constitutional law and international law
title_short Constitutional law and international law
title_full Constitutional law and international law
title_fullStr Constitutional law and international law
title_full_unstemmed Constitutional law and international law
title_sort constitutional law and international law
publisher LexisNexis Malaysia Sdn Bhd
publishDate 2022
url http://irep.iium.edu.my/103980/1/103980_Constitutional%20law%20and%20international%20law.pdf
http://irep.iium.edu.my/103980/
https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation
_version_ 1761616139255808000
score 13.211869

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