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The Relationship Between International Law And Internal Law In The Case-Law Of The Slovene Constitutional Court

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Chapter Summary

The application of international law within the Slovene national law is regulated by the Constitution and may be examined by international and/or constitutional lawyers. In the discussion of this chapter, the relationship between international law and internal law is analysed from the point of view of international law, taking into account the relevant case-law of the Slovene Constitutional Court. The advocates of monism claim that international law and internal law constitute a uniform legal system that contains principles on resolving the conflicts between them. Dualists take the position that international law and internal law form two distinct, independent and separate legal systems. The supporters of dualism claim that it better serves the practice of states and the factual use of international law. International law plays a prominent role in contemporary internal legal systems. This can also be said for the Slovene national law.

Keywords: dualism; internal law; international law; monism; Slovene constitutional court



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