Appropriate Role of Foreign Judgments in the Interpretation of American Law: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H. Res. 568, March 25, 2004, Հատոր 4U.S. Government Printing Office, 2004 - 60 էջ |
From inside the book
Արդյունքներ 8–ի 1-ից 5-ը:
Էջ 10
... direct relation to anything that happens in a foreign country . We aren't going to do it differently because they do it differently . We do not need to coordinate . There is no treaty there , or , indeed as Justice Ginsburg mentioned ...
... direct relation to anything that happens in a foreign country . We aren't going to do it differently because they do it differently . We do not need to coordinate . There is no treaty there , or , indeed as Justice Ginsburg mentioned ...
Էջ 14
... direct responsibility for security and generally very little experience with security issues - to take up European no- tions from here and from there and grope toward their own vision of common stand- ards . Should bin Laden or other ...
... direct responsibility for security and generally very little experience with security issues - to take up European no- tions from here and from there and grope toward their own vision of common stand- ards . Should bin Laden or other ...
Էջ 15
... direct Federal courts in how to engage in their interpretive activity . This is at the core of the judicial process . Part of the U.S. constitutional system of separation of powers is the institution of judicial review 15.
... direct Federal courts in how to engage in their interpretive activity . This is at the core of the judicial process . Part of the U.S. constitutional system of separation of powers is the institution of judicial review 15.
Էջ 22
... direct the U.S. court to consider foreign judgments , but the court does so anyway , in the service of an " evolving " or " living " interpretation of the law . I do not propose here to enter into the debate over whether interpretation ...
... direct the U.S. court to consider foreign judgments , but the court does so anyway , in the service of an " evolving " or " living " interpretation of the law . I do not propose here to enter into the debate over whether interpretation ...
Էջ 25
... direct connection between the U.S. Con- stitution and foreign court opinions that address the interpretation of different docu- ments written in different times and different countries . The mandate of the ECHR , for example , is to ...
... direct connection between the U.S. Con- stitution and foreign court opinions that address the interpretation of different docu- ments written in different times and different countries . The mandate of the ECHR , for example , is to ...
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Common terms and phrases
American law appropriate Article Atkins BACHUS CHABOT Chairman Chief Justice citation cited clause Congress constitutional interpretation contemporary foreign court decisions Court of Human death penalty deci Eighth Amendment eign elected European Court European Union execution Federal Federalist Federalist Papers Feeney foreign authorities foreign courts foreign jurisdictions foreign law foreign materials foreign or international foreign practice Framers gentleman Goodlatte Grutter HOSTETTLER human rights international law issue judges judicial Judiciary Justice Ginsburg Justice Scalia Lawrence legal texts legislative legislatures look McGinnis moral and social NADLER opinion original meaning precedent PREPARED STATEMENT Professor Jackson Professor Ramsey protect question RABKIN RANDY FORBES ratified relevant relied resolution Sandra Day O'Connor separation of powers sions social policy sodomy sodomy laws sovereignty STEVE CHABOT stitution Supreme Court Justice Texas Thank things tion tional TOM FEENEY treaties trend U.S. Constitution U.S. courts U.S. law U.S. Supreme Court United Virginia Warsaw Convention
Սիրված հատվածներ
Էջ 46 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Էջ 17 - It has also been observed that an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains...
Էջ 17 - The decisions of the courts of every country, so far as they are founded upon a law common to every country, will be received, not as authority, but with respect. The decisions of the courts of every country show how the law of nations, in the given case, is understood in that country, and will be considered in adopting the rule which is to prevail in this.
Էջ 16 - An attention to the judgment of other nations is important to every Government, for two reasons : the one is, that independently of the merits of any particular plan or measure, it is desirable, on various accounts, that it should appear to other nations as the offspring of a wise and honorable policy...
Էջ 2 - The Court's discussion of these foreign views (ignoring, of course, the many countries that have retained criminal prohibitions on sodomy) is therefore meaningless dicta. Dangerous dicta, however, since "this Court . . . should not impose foreign moods, fads, or fashions on Americans.
Էջ 46 - It proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power ;* that it can never attack with success either of the other two ; and that all possible care is requisite to enable it to defend itself against their attacks.
Էջ 47 - State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers' validation of laws based on moral choices. Every single one of these laws is called into question by today's decision; the Court makes no effort to cabin the scope of its decision to exclude them from its holding.
Էջ 30 - Other nations, too, have taken action consistent with an affirmation of the protected right of homosexual adults to engage in intimate, consensual conduct. The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries.
Էջ 16 - ... the national councils may be warped by some strong passion or momentary interest, the presumed or known opinion of the impartial world may be the best guide that can be followed.
Էջ 17 - ... enforcement in these jurisdictions as a result of these rules. Conditions of law enforcement in our country are sufficiently similar to permit reference to this experience as assurance that lawlessness will not result from warning an individual of his rights or allowing him to exercise them. Moreover, it is consistent with our legal system that we give at least as much protection to these rights as is given in the jurisdictions described. We deal in our country with rights grounded in a specific...