American Judges Against Judicial Independence

Ukrainian Journal of International Law, Vol. 11, 2008

Thomas Jefferson School of Law Research Paper No. 1332203

15 Pages Posted: 24 Jan 2009 Last revised: 14 Nov 2010

Date Written: January 24, 2009

Abstract

This Article discusses the contemporary movement within the United States eschewing reliance on foreign or international law sources by American federal judges in deciding cases governed by American federal law, especially in cases concerning interpretation of the U.S. Constitution. The Article questions this movement, discussing several historical cases in which the U.S. Supreme Court long ago relied on such sources to resolve issues arising under federal law. The Article also notes that some leading judicial critics of reliance on foreign law have, themselves, on occasion, relied on such sources in the past. The Article also expresses concern about the implications of this movement for the judicial independence of American judges. As the title suggests, some American judges themselves thus may be undermining judicial independence.

Keywords: American constitutional law, judicial independence, foreign law, international law, comparative law, statutory interpretation, constitutional interpretation

JEL Classification: K10, K33

Suggested Citation

Slomanson, William R., American Judges Against Judicial Independence (January 24, 2009). Ukrainian Journal of International Law, Vol. 11, 2008, Thomas Jefferson School of Law Research Paper No. 1332203, Available at SSRN: https://ssrn.com/abstract=1332203

William R. Slomanson (Contact Author)

Thomas Jefferson School of Law ( email )

701 B Street
Suite 110
San Diego, CA 92101
United States

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