American Constitution Society

Skip to content



International and Foreign Law Sources: Siren Song for U.S. Judges?


Chimène I. Keitner

Mon, 10/22/2007

In International and Foreign Law Sources: Siren Song for U.S. Judges?, University of California, Hastings College of the Law Associate Professor Chimène I. Keitner, addresses the growing debate over the use of foreign and international law sources by U.S. judges engaged in constitutional adjudication. She begins by summarizing the attitudes towards international law sources exhibited by individual justices in the American legal system, noting that "one's opinion about the potential relevance of foreign and international law sources . . . depends in no small part on one's view of the role of judges in a constitutional democracy." Professor Keitner then examines the public opposition to the citation of foreign law sources in Lawrence v. Texas and Roper v. Simmons, which manifested itself in proposed legislation that would constrain how judges could interpret cases and prohibit the consideration of international law sources. Finally, Professor Keitner identifies three principled objections to the use of foreign and international law sources in constitutional adjudication, and responds to each in turn. Professor Keitner concludes, "Participating in international judicial dialogue should be viewed as a means of strengthening, not weakening, our commitment to the democratic values embodied in the U.S. Constitution."

AttachmentSize
Keitner ACS issue brief.pdf286.94 KB