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The United States has a "mixed" monist-dualist system; international law applies directly in US courts in some instances but not others. The Constitution's Supremacy Clause states that treaties are part of the supreme law of the land, as suggested by the quote above; however, the U.S. Supreme Court, in Medellín v.
Monism attributes oneness or singleness (Greek: μόνος) to a concept, such as to existence.Various kinds of monism can be distinguished: Priority monism states that all existing things go back to a source that is distinct from them; e.g., in Neoplatonism everything is derived from The One. [1]
Sovereigntism, sovereignism or souverainism (from French: souverainisme, pronounced [su.vʁɛ.nism] ⓘ, meaning "the ideology of sovereignty") is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. [1]
Hobbes’s moral philosophy therefore provides justification for, and informs, the theories of sovereignty and the state of nature that underpin his political philosophy. [ 2 ] In utilising methods of deductive reasoning and motion science, Hobbes examines human emotion, reason and knowledge to construct his ideas of human nature (moral ...
Edward Coke took from Bodin on sovereignty; and like him opposed the concept of mixed monarchy. [152] While Bodin's ideas on authority fitted with the theory of divine right of kings, his main concern was not with the choice of the sovereign. But that meant they could cut both ways, being cited by parliamentarians as well as royalists.
Hugo Krabbe (3 February 1857 – 4 February 1936) was a Dutch legal philosopher and writer on public law.Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen.
Johnson's phrase "in sovereignty, there are no gradations" is widely quoted, [2] [3] and even influenced John Wesley in his "A Calm Address To Our American Colonies". [ 4 ] Johnson won the praise of William Searle Holdsworth for his much clearer description of Parliamentary Sovereignty than the one described by William Blackstone .
The dynamic theory of law is singled out in this subsection discussing the political philosophy of Hans Kelsen for the very same reasons which Kelsen applied in separating its explication from the discussion of the static theory of law within the pages of Pure Theory of Law. The dynamic theory of law is the explicit and very acutely defined ...