The Context of International Law within Nigerian Constitutional and Criminal Law – A Convergence of the Dualist and Monist Traditions
14 Pages Posted: 14 Jul 2015
Date Written: July 12, 2015
Abstract
This paper drawing on similar ideas in a previous paper by the writer (see Nigeria and the ICC: The Dawn of a New Era? http://ssrn.com/abstract=1976879) is a commentary on the incorporation of international law into Nigerian Constitutional and Criminal Law. The paper posits that though Nigeria’s constitution law and criminal law is primarily based on the classic common law dualist tradition of incorporating international law into domestic law recent, emerging trends and developments suggest that there is now a synergy and fusion of this tradition with the monist tradition by way of direct incorporation of international law into Nigerian domestic law particularly in respect of Constitution law and Criminal law.
Keywords: Courts, Constitution, Criminal Procedure, Human Rights, International Law, Treaties
JEL Classification: K10, K14, K19, K33, K40, N40
Suggested Citation: Suggested Citation