To Ignore or not To Ignore: A Silly Debate in the U.S. Supreme Court?
Culture of Judicial Independence (Shetreet ed. Brill 2016)
18 Pages Posted: 3 Apr 2016 Last revised: 28 Apr 2016
Date Written: April 15, 2015
Abstract
Among the many important and trenchant debates that take place in the U.S. Supreme Court, there occasionally emerges a debate that at first glance could be described as silly for grown professionals. Justice Scalia could be seen as contending that the Court must turn a blind eye to what other nations think about an issue of law, even if there is a consensus among the international community on the issue. In truth, however, his approach is part of a more subtle and broader debate, primarily regarding the degree to which constitutional interpretation should take account of changing societal norms.
Keywords: foreign law, interpretation, us constitution
JEL Classification: K33, K42
Suggested Citation: Suggested Citation