Tuesday, August 4, 2009

Supreme Court and Foreign Law

Here is an interesting article on how Supreme court justices are turning to foreign law in order to interpret the Constitution. The two highest profile cases where this has occured are Lawrence v. Texas in which British law governing Sodomy practices was referenced to overturn an earlier Supreme Court decision on the same issue. The other case is Roper v. Simmons in which the execution of juveniles was outlawed.

Whether or not you agree with the outcomes of the cases in question is irrelevant, the issue at stake is whether we should be looking to other countries in establishing our own internal laws.

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