Das Verhältnis von Völkerrecht und Landesrecht

The reactions to decisions of the Federal Constitutional Court concerning »Maastricht« or »Görgülü« show that the conflict between monistic and dualistic theories has not been settled. Robert Pfeffer takes a very basic approach to assessing this subject. Based on the freedom of the individual, he develops a legal view of the world and takes a definite stance on questions pertaining to the real meaning of the words »law« and »states,« what they can do, and the status of international law in relation to these concepts. In this context, he discusses and studies old and new theories and applies the knowledge he has acquired to an assessment of the significance of the European Convention on Human Rights. In doing so, he provides a critical analysis of popular views such as the precedence of Community law or the constitutionalization of international law.