(DOWNLOAD) "Constitutional Interpretation Through a Global Lens." by Missouri Law Review * eBook PDF Kindle ePub Free

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eBook details

Title: Constitutional Interpretation Through a Global Lens.
Author : Missouri Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 447 KB

Description

I. INTRODUCTION In the wake of Lawrence v. Texas (1) and Roper v. Simmons, (2) most of the legal world in the United States was alerted to the existence of constitutional comparative analysis. (3) Reactions to the use of non-U.S. persuasive authority in those decisions ranged from cheers and applause to jeers and catcalls, the latter being far more voluminous than the former. (4) The opposition to the practice of using foreign authority became a rallying cry that found its expression in various fora. For example, in the political arena, several members of congress offered resolutions condemning and prohibiting constitutional interpretation by methods of comparative analysis, (5) while, in the judicial realm, two prospective Supreme court candidates essentially had to swear absolutist "blood oaths" repudiating the whole enterprise. (6) The din raised was so pervasive that it seeped out of the halls of congressional hearings to find an echo chamber in popular media. (7)

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