Karshieva E.R. Priority of International or National Law
DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.6
Elvina R. Karshieva, Postgraduate Student, Department of Theory of State and Law, Bashkir State University, Zaki Validi St, 32, 450076 Ufa, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-7089-8878
Introduction: the priority role in the legal system of most countries all over the world is assigned to the basic law as a priority source of law. In practice, disputes often arise regarding the priority of applying the provisions of national or international law which prompts the author to define the goal, to understand which type of law is more significant. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of analysis and comparative law. Results: in the modern world, there is a wellestablished opinion that international legal provisions have exceptional priority over the national ones. At the same time, the legal systems of countries face contradictions in this regard and use arbitrary interpretations of such a trend. Conclusions: in the scientific community, the three most stable opinions have been formed on the interpretation of the importance of national law over international law. The first theory says that national law is always more important than international law, the second is based on the fact that these categories should be applied in practice equally, the third theory emphasizes that the norms of international law should adapt to the national legislation.
Key words: constitution, state, international treaties, international law, national legislation, law, lawmaking, rule of law, convention.
Citation. Karshieva E.R. Priority of International or National Law. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 1, pp. 47-51. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.6
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