Constitutional Interpretation as "Interfaith Communion" -- The Use of Foreign Legal Materials in US Courts

International Litigation News, (Newsletter International Bar Association Legal Practice Division), May 2007

7 Pages Posted: 1 Mar 2010

See all articles by Barry Sullivan

Barry Sullivan

Loyola University Chicago School of Law

Bilal Zaheer

Jenner & Block LLP

Date Written: May 2007

Abstract

This article looks at the use of foreign legal materials in US courts and the controversy that has accompanied the citation of foreign legal authority in recent decisions of the US Supreme Court. The authors argue that while it is wrong to suggest that the use of foreign law should be prohibited it is prudent to be cautious about the invocation of such sources. Reference to foreign decisions may be particularly helpful where non-US courts, especially those in other constitutional democracies, have adopted and built upon American constitutional law.

Keywords: Foreign legal materials in US courts, Constitutional Law, Supreme Court, Foreign law

JEL Classification: K1, K10, K33, K40, K41

Suggested Citation

Sullivan, Barry and Zaheer, Bilal, Constitutional Interpretation as "Interfaith Communion" -- The Use of Foreign Legal Materials in US Courts (May 2007). International Litigation News, (Newsletter International Bar Association Legal Practice Division), May 2007 , Available at SSRN: https://ssrn.com/abstract=1560087

Barry Sullivan (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

HOME PAGE: http://www.luc.edu/law/faculty/sullivan.html

Bilal Zaheer

Jenner & Block LLP ( email )

330 N. Wabash Ave.
Chicago, IL 60611-7603
United States

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