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Why Justice Scalia Should Be A Constitutional Comparativist ... Sometimes, David Gray
Why Justice Scalia Should Be A Constitutional Comparativist ... Sometimes, David Gray
David C. Gray
The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest between textualists and those more inclined to read the Constitution as a living document. As a consequence, it tends to be politicized, if not polemic. This article begins to shift the debate toward a more rigorous focus on first principles. In particular, it argues that full faith to the basic commitments of originalism, as advanced in Justice Scalia's writings, opinions, and speeches, requires domestic courts to consult contemporary foreign sources when interpreting universalist language found in the Constitution. While the article does not propose a …
The Pluralism Of The Charter: Revisiting The Oakes Test, Brian Slattery
The Pluralism Of The Charter: Revisiting The Oakes Test, Brian Slattery
Brian Slattery
No abstract provided.