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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 …