Monism and Dualism – An Australian Perspective

MONISM AND DUALISM, M. Novaković, ed., Faculty of Law, University of Belgrade; Institute of Comparative Law; Institute of International Politics and Economics: Belgrade, 2013

Sydney Law School Research Paper No. 12/87

19 Pages Posted: 28 Nov 2012 Last revised: 26 Jun 2013

See all articles by Emily Crawford

Emily Crawford

University of Sydney - Faculty of Law

Date Written: November 27, 2012

Abstract

This chapter will examine how Australia receives and approaches international law, and explore and assess Australia’s position within the schema of monist, dualist or a hybrid of both. This chapter will briefly examine the development of the Australian legal system, a common law system that developed as a result of Australia’s colonisation by the British in 1788. The chapter will then look at the Australian approach to and reception of international law, including the differing roles of the executive, judiciary and legislature. The chapter will examine how these branches of government have dealt with international law in treaty and customary form, and how the judiciary has negotiated and reconciled the complexities and ambiguities that arise out of the interaction between Australia’s international law obligations, and its domestic legal system. Finally, the chapter will then assess Australia’s relationship to international law within the monist-dualist dynamic.

Keywords: Australia, International Law, Monism, Dualism, Incorporation, Transformation

JEL Classification: K10, K30, K33

Suggested Citation

Crawford, Emily, Monism and Dualism – An Australian Perspective (November 27, 2012). MONISM AND DUALISM, M. Novaković, ed., Faculty of Law, University of Belgrade; Institute of Comparative Law; Institute of International Politics and Economics: Belgrade, 2013; Sydney Law School Research Paper No. 12/87. Available at SSRN: https://ssrn.com/abstract=2181729 or http://dx.doi.org/10.2139/ssrn.2181729

Emily Crawford (Contact Author)

University of Sydney - Faculty of Law ( email )

University of Sydney
Sydney, NC NSW 2006
Australia

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