Constitutional law and international law

• Main Authors: Ahmad, Muhamad Hassan, Eishan Jan, Mohammad Naqib, Ali Mohamed, Ashgar Ali, Masum, Ahmad, Arowosaiye, Yusuf Ibrahim
• Format: Book Chapter
• Language: English
• Published: LexisNexis Malaysia Sdn Bhd 2022
• Subjects: JX International law; K3165 Constitutional Law
• Online Access: http://irep.iium.edu.my/103980/1/103980_Constitutional%20law%20and%20international%20law.pdf; http://irep.iium.edu.my/103980/; https://store.lexisnexis.com.my/products/constitutional-law-in-malaysia-skuSKUMYCONSTILAWMY#:~:text=It%20covers%20topics%20such%20as,and%20emergency%20powers%2C%20constitutional%20interpretation

This Chapter mainly aims to examine the important role that the constitutions of various States play in the reception of international law into their national legal systems; and the recognition as well as significance of constitutions in the context of international law. First of all, it briefly explains the major classification of both categories of law such as public law and private law at the national level and public international law and private international law at the international level. Then, it explores the theories - i.e., monist theory, dualist theory, and coordination theory - and the doctrines - i.e., doctrine of incorporation and doctrine of transformation - in order to provide better understanding on the relationship between national law and international law.In portraying the key objectives of this chapter, it examines the constitutions of some selected jurisdictions – i.e., East Timor, France, Germany, Greece, Japan, Kosovo, Russia, South Korea, and the Netherlands - to study how international law is incorporated into their national legal systems through their respective constitution. It further reflects the Malaysian position in the reception of international law. Finally, it points out how international law recognises constitutions of various States as contemporary sources of international law such as evidence of international customs or general principles of law; and the significance of constitutions in the context of international law as it provides an exception to use the constitution as a shield for invalidating the consent to be bound by a treaty in which it violates the constitutional provisions of a particular State.