Constitutionalisation of international treaties and domestic problems of application in law

From ancient Greece to the modern era, the idea of constitutionalism has evolved to protect individual rights and freedoms. The Stoics' conception of universal natural equality, Kant's cosmopolitan legal thought and cosmopolitanism's ideal of world citizenship provided philosophical foundations for the evolution of constitutionalism. However, while cosmopolitanism defended the universal rights of individuals, constitutionalism generally developed within the framework of the nation-state. In the late 20th century, with the universalisation of human rights, the influence of cosmopolitanism on constitutionalism became more pronounced. International constitutionalisation has aimed to secure individual rights at the global level by taking the concept of constitution beyond the borders of the nation state. For example, the Universal Declaration of Human Rights shaped national legal systems under the influence of cosmopolitanism and ensured the integration of universal norms into constitutions. As a result, the evolution of the constitutional idea has been characterised by the internationalisation of the rights of individuals beyond national borders. This situation necessitated the constitutionalism to have a broad perspective in order to protect the universal rights of individuals. Thus, constitutional law has gained meaning not only at the national level but also at the international level and has been enriched with the perspective provided by cosmopolitanism. The application of international law in domestic law differs according to monist and dualist legal systems. According to the monist approach, international law and domestic law are considered as part of the same legal order. According to this approach, international law can be directly applied in domestic law and its compatibility with domestic law norms can be ensured. On the other hand, according to the dualist approach, international law and domestic law are considered as separate legal orders. In Turkey, the application of international law in domestic law and its practical effects is an important area of debate. This thesis analyses the effects of monist and dualist approaches in Turkey.