Introductory Note to the United States Supreme Court: Graham v. Florida & the Federal Court of Australia: Habib v. Australia

International Legal Materials, Vol. 49, p. 1029, 2010

SMU Dedman School of Law Legal Studies Research Paper No. 160

68 Pages Posted: 8 Feb 2015

See all articles by Chris Jenks

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: 2010

Abstract

This introductory note considers two different and completely unrelated cases: Graham, a U.S. Supreme Court criminal case on the cruel and unusual punishment clause of the U.S. Constitution and Habib, an Australian civil case involving a former Guantanamo Bay detainee. This note focuses on one aspect of the disparate nature of the cases, starkly contrasting judicial attitudes towards the role of “foreign law” in domestic jurisprudence. Juxtaposed, the two cases offer an interesting view of not only the obvious differences between the U.S. inward and the Australian outward looking judicial philosophies, but perhaps a broader sense of how the two legal systems view their role in and contribution to the international rule of law.

Keywords: Graham, Habib, United States, Supreme Court, Australia, international law, foreign law

Suggested Citation

Jenks, Chris, Introductory Note to the United States Supreme Court: Graham v. Florida & the Federal Court of Australia: Habib v. Australia (2010). International Legal Materials, Vol. 49, p. 1029, 2010; SMU Dedman School of Law Legal Studies Research Paper No. 160. Available at SSRN: https://ssrn.com/abstract=2554544

Chris Jenks (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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