Public Law and the constitution Large Group (2) notes

  • Created by: CCGGreen
  • Created on: 15-01-18 20:10

Large group 2- public law and the constitution. 

Monist V Dualist state

In a monist state , the law doesnt distinguish between its down domestic law and international law. Law is Law.

Dualist state- 

-international law not usually a source of the constitution. 

- bind the state itself (i.e. the government) not individuals within the state.

But... are some exception

1. European convention of HR

2. Various European treaties dates from 1951-2009. 

CASE LAW.

- Freedom

Right to freespeech- but can defame people. 

the Belmarsh case- illustrates where court might have challenge of competing freedoms. 

Individuals are free to do what they want unless the law specifically prevents it. 

- Legal authority

1. if there is a legal dispute it is up to the courts to resolve it. 

Case of prohibitions - to do…

Comments

No comments have yet been made