We Are the World: The U.S. Supreme Court’s Use of Foreign Sources of Law

Ryan C. Black, Ryan J. Owens and Jennifer L. Brookhart

British Journal of Political Science, 2016, vol. 46, issue 4, 891-913

Abstract: The United States Supreme Court recently employed foreign legal sources to interpret U.S. law, provoking widespread political and legal controversy. Scholars have yet to examine systematically the conditions under which justices cite foreign law, however. Applying theoretical approaches from international relations and judicial politics scholarship, we search every Supreme Court opinion between 1953 and 2009 for references to foreign law. Justices strategically reference foreign law to prop up their most controversial opinions. They also borrow law from countries whose domestic political institutions are viewed as legitimate; and, surprisingly, conservatives are as likely as liberals to cite foreign law. These findings add important information to the discussion over citing foreign law, and highlight how geopolitical context influences domestic legal policy.

Date: 2016
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.cambridge.org/core/product/identifier/ ... type/journal_article link to article abstract page (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cup:bjposi:v:46:y:2016:i:04:p:891-913_00

Access Statistics for this article

More articles in British Journal of Political Science from Cambridge University Press Cambridge University Press, UPH, Shaftesbury Road, Cambridge CB2 8BS UK.
Bibliographic data for series maintained by Kirk Stebbing ().