Question Description
Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer?.

Solutions for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:Read the following passage and answer the question.There are two principal theories on the relationship between international law and domestic law - Monism and Dualism. The monistic theory maintains that the subjects of two systems of law, i.e. international law and municipal law are essentially one. The monistic theory asserts that international law and municipal law are fundamentally the same in nature, and arise from the same science of law, and are manifestations of a single conception of law. The followers of this theory view international law and municipal law as part of a universal body of legal rules binding all human beings, collectively or singly. In a monist system, international law does not need to be incorporated into domestic law because international law immediately becomes incorporated in domestic legal system upon ratification of an international treaty. According to this theory, domestic law is subordinate to international law. The Statute of the International Criminal Court, therefore, can be directly applied and adjudicated in national courts according to the monistic theory. According to dualism theory, international law and municipal law represent two entirely distinct legal systems, i.e. international has an intrinsically different character from that of municipal law. International law is not directly applicable in the domestic system under dualism. First, international law must be translated into State legislation before the domestic courts can apply it. For example, under dualism, ratification of the Statute of the International Criminal Court is not enough-it must be implemented through State legislation into the domestic system. Most States and courts presumptively view national and international legal systems as discrete entities and routinely discuss in dualist fashion incorporation of rules from one system to the other.Q.In light of the given passage, which of the following statements is correct?a)Monism and Dualism are similar approaches to adopt international law into domestic law.b)Dualism postulates the homogeneousness of domestic law and international law.c)Monism and Dualism are different approaches to understand how domestic law impacts international law.d)Monism postulates the homogeneousness of international law and domestic law.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.