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
Date Written: May 2007
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: Suggested Citation