Doctrine of Incorporation
Doctrine of incorporation in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of doctrine of incorporation.
Resources
See Also
- Law Enforcement Officer
- Policeman
- Law Enforcement Agency
Further Reading
- doctrine of incorporation in A Dictionary of Law Enforcement (Oxford University Press)
- doctrine of incorporation in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
Definition of Doctrine of Incorporation
In the context of international law, the legal resource A Dictionary of Law, provides a definition of Doctrine of Incorporation : The doctrine that rules of international law automatically form part of municipal law. It is opposed to the doctrine of transformation, which states that international law only forms a part of municipal law if accepted as such by statute or judicial decisions. It is not altogether clear which view English law takes with respect to rules of customary *international law. As far as international treaties are concerned, the sovereign has the power to make or ratify treaties so as to bind England under international law, but these treaties have no effect in municipal law (with the exception of treaties governing the conduct of war) until enacted by Parliament. However, judges will sometimes consider provisions of international treaties (e.g. those relating to *human rights) in applying municipal law. It has been said that directives of the European Community have the force of law in member states, but practice varies widely (See Community legislation).
Leave a Reply