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

Osinuga, Omoba Oladele Opeolu, The Context of International Law within Nigerian Constitutional and Criminal Law – A Convergence of the Dualist and Monist Traditions (July 12, 2015). Available at SSRN: https://ssrn.com/abstract=2629786 or http://dx.doi.org/10.2139/ssrn.2629786

Omoba Oladele Opeolu Osinuga (Contact Author)

Supreme Court of Nigeria ( email )

Three-Arms Zone
Abuja
Nigeria

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