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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Dualism / Monism

Robert Kolb, Momchil Milanov

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
August 2020

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Constitutions and international law — Comparative constitutional law — International law

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The terms ‘dualism’ and ‘monism’ are used to describe two opposed visions of the relationship between international law and domestic (municipal, internal) law. While there is no single formally agreed definition, the key difference resides in that the former tends to represent international and internal law as two hermetically separated systems while the latter insists on their fundamental unity as part of a single overarching system. Both conceptions are first and foremost theoretical constructions (Triepel (1923) 79; Crawford (2019) 45) characterized by a high...
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