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The Right To Dignity, Rex Glensy
The Right To Dignity, Rex Glensy
Rex Glensy
What is “the right to dignity”? Even though the role of human dignity within the framework of legal rules has attracted scholarly attention for some time, it is only relatively recently that courts in the U.S. have shown a similar interest in exploring the existence and extent of dignity rights. Unfortunately, these judicial legal pronouncements that have explicitly or implicitly evoked the idea of a right to dignity have done so in an ad hoc manner and have not explained what the contours of such dignity rights should be. This Article presents four possibilities of what U.S. courts should be …
The Use Of International Law In U.S. Constitutional Adjudication, Rex Glensy
The Use Of International Law In U.S. Constitutional Adjudication, Rex Glensy
Rex Glensy
This Article seeks to untangle part of the debate concerning the use of international law as persuasive authority within the context of constitutional interpretation. It begins by noting that international law is being used comparatively within the framework of constitutional analysis but such usage lacks structure and context. It then posits that U.S. courts should only use international law as persuasive authority when this fits within the goals of the comparative enterprise. By combining comparative theory and historical practice, the Article concludes by proposing a methodology for employing international law as persuasive authority by U.S. Courts.
Constitutional Interpretation Through A Global Lens, Rex D. Glensy
Constitutional Interpretation Through A Global Lens, Rex D. Glensy
Rex Glensy
This Article seeks to clarify the current debate concerning the use of non-U.S. persuasive authority within the context of constitutional interpretation. It begins by noting that often commentary on comparative constitutional law fails to make any distinction between foreign domestic sources and international law used comparatively, and thus risks evoking parallels between different systems of law that lack context and plausibility. It then draws on various normative theories and underpinnings of both domestic and international legal regimes to show that a proper comparative enterprise must take this distinction into account. The Article concludes by explaining that only when those policy …