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Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor Feb 2007

Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor

Tamara Lothian

No abstract provided.


Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee Jan 2007

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …


Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee Dec 2006

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights – the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity – the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …