Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

In some states, for example, it is accepted that there is no real separation between international and domestic law and both are regarded as part of a unified system. Under this monist theory, the international rules may well take precedence over national provisions. Other systems, however, including that in Ireland, adhere to the dualist theory and they regard international law and domestic law as totally separate. Under these systems, international law does not become part of the internal law unless it is explicitly made so. What this means is that rules embodied in an international instrument, such as the convention, cannot be enforced in our courts unless and until they are incorporated into our law by an Act of the Oireachtas.

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