What is the place of the rules of international law in the internal (domestic) laws of states? There are two basic theories on the relationship between international and domestic law. The first is called the "dualist" view; it assumes that international law and municipal law are two distinct and separate legal systems which exist independently of each other. This approach raises the question of whether one system is superior to the other.
The second theory is the "monist" view, which assumes that domestic (internal) and international law form part of a single legal order but tends to treat international law as superior.
The Turkish Constitution provides that international treaties duly put into effect are of equal status to laws (statutes). However, no claim of unconstitutionality of an international treaty can be heard by the Constitutional Court (Article 90/last para.) On the other hand, a constitutional amendment introduced in 2004 provided that in cases where the provisions of a treaty relating to the fundamental rights and freedoms are in conflict with domestic law, the international treaty will take precedence.
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