Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Public Law and Legal Theory
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
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 …