Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests
University of New South Wales (UNSW) - Faculty of Law
Vicki C. Jackson
Harvard Law School
November 11, 2012
Wake Forest Law Review, Forthcoming
UNSW Law Research Paper No. 2012-53
Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation of domestic constitutions by “outsiders.” This article considers the potential benefits, and dangers, of outsider interpretation. It also identifies factors relevant to the appropriateness or legitimacy of such practices, drawing from analogous rules and doctrines developed in the context of U.S. federalism and international law.
Number of Pages in PDF File: 45
Date posted: November 13, 2012
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