Learning From Others: The Scalia-Breyer Debate and the Benefits of Foreign Sources of Law to U.S. Constitutional Interpretation of Counter-Terrorism Initiatives
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Cornel Marian
A graduate of the University of Iowa College of Law
Abstract
The article discusses the importance of using foreign sources in the constitutional interpretation of counter-terrorism initiatives. By reviewing the Arar case, the author underlines the value of Canadian jurisprudence to evaluating extraordinary rendition. The similarities between the Arar and El Masri cases underscore the weakness of the current standard adopted by American judiciary in evaluating extraordinary rendition. The article further draws on the Israeli experience in dealing with torture. American jurisprudence will be greatly improved if it directly discusses the strengths and weaknesses of the Israeli debate in its own constitutional interpretation. In totality, American jurisprudence has an incredible untapped resource in the experiences of other countries on addressing problems that Americans would likely see as unique.
About the author
A graduate of the University of Iowa College of Law
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Preface
- Preface
- Articles
- Learning From Others: The Scalia-Breyer Debate and the Benefits of Foreign Sources of Law to U.S. Constitutional Interpretation of Counter-Terrorism Initiatives
- Changing the rules mid-game. Legislative interference in specific pending cases: separation of powers and fair trial
- Democracy's Twin Challenges: Hans Kelsen and the Problem of Extremist Speech
- Family Protection and Deportations or Removals
- Constitutional Developments in Austria
- Focus: Bona fides
- Elimination of tenure-track contract model for university assistants – no infringement of principle of equality
- Interference in a public-law contract by the legislator without justification – a violation of the principle of equality
- No infringement of the principle of equal treatment by abolition of the death grant in the doctor's law of obligations
- EMA@ICL
- Liberty behind closed doors …? Involuntary placement and medical treatment in psychiatric institutions from the human rights perspective
- Book Reviews
- Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, Oxford University Press, 2008, ISBN 978-0-199-27432-1, 640 pp.
Articles in the same Issue
- Inhalt
- Preface
- Preface
- Articles
- Learning From Others: The Scalia-Breyer Debate and the Benefits of Foreign Sources of Law to U.S. Constitutional Interpretation of Counter-Terrorism Initiatives
- Changing the rules mid-game. Legislative interference in specific pending cases: separation of powers and fair trial
- Democracy's Twin Challenges: Hans Kelsen and the Problem of Extremist Speech
- Family Protection and Deportations or Removals
- Constitutional Developments in Austria
- Focus: Bona fides
- Elimination of tenure-track contract model for university assistants – no infringement of principle of equality
- Interference in a public-law contract by the legislator without justification – a violation of the principle of equality
- No infringement of the principle of equal treatment by abolition of the death grant in the doctor's law of obligations
- EMA@ICL
- Liberty behind closed doors …? Involuntary placement and medical treatment in psychiatric institutions from the human rights perspective
- Book Reviews
- Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, Oxford University Press, 2008, ISBN 978-0-199-27432-1, 640 pp.
