Treaties Flashcards
Monism v Dualism
Monism: National Law and international law are part of the same legal order -e.g France
Dualism: National and international law are separate entities - e.g UK
R v Secretary of State for foreign and commonwealth affairs Ex Parte Rees- Mogg
Facts: • EU treaty was signed by foreign affairs secretary
• Appellant sought Judicial review of treaty ratification as it was in breach of European Parliamentary Elections Act 1978
• act prohibited ratification of any act increasing powers of European Parliament unless approved by an act of parliament
Judgment: Dismissed
L.P: • Prerogative power exercised
Ponsonby Rule
A constitutional convention hat requires parliament to be informed of the contents of a treaty and 21 days to dispute it before it is ratified. - now codified in S20 of Constitutional reform and governance act
