Dualism In Canada

Dualism is a philosophical perspective that can be defined as “the view that international law and domestic law are separate systems.” For example, as stated in the lesson 5 notes, “elements of international law can be considered in the domestic system through the process of transformation, wherein an international rule is converted into a domestic rule.” The philosophical perspective of dualism can explain the way Canada is related to international law. When observing the treaty laws that Canada has, it is important to note that Acts transform treaties instead of by judicial decisions. It is also mentioned that “prior to transformation, the treaty binds Canada as a country, but cannot affect internal law without being implemented, transforming the international right or obligation into domestic law.” In other words, treaties that are signed by Canada are not automatically part of the Canadian law. Implementing …show more content…
The monistic perspective as to how Canada relates to international law is, therefore, the opposite of the dualist perspective. The Canadian Constitutional system determines, in part if, and which international laws are applicable in the Canada legal system. In terms of customary international laws, they have the complete legal effect, as they are automatically “adopted” into the Canadian system, except when customary law is conflicting with the Constitution. If this would be the situation, legislation will then need to implement the law (Nantais, 2018). In general, the monist philosophy considers domestic and international laws as a form of unity in a states’ legal