- 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.
-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.
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…