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 18–ի 1-ից 5-ը:
Էջ 7
... reference to international law four times . Kennedy specifically says that the European Court of Human Rights has rejected the law being debated in Lawrence v . Texas . He goes on to say that since there is no " legitimate or urgent ...
... reference to international law four times . Kennedy specifically says that the European Court of Human Rights has rejected the law being debated in Lawrence v . Texas . He goes on to say that since there is no " legitimate or urgent ...
Էջ 8
... references made by Mr. Feeney , and if they had considered a sce- nario of today , they would have considered also ... reference Zimbabwe . It violates the whole concept that I come to this with , and that is I'm seeing this activism ...
... references made by Mr. Feeney , and if they had considered a sce- nario of today , they would have considered also ... reference Zimbabwe . It violates the whole concept that I come to this with , and that is I'm seeing this activism ...
Էջ 12
... references to foreign practice or foreign opinion might fairly be described as incidental to the Court's reasoning . So , it may seem that these references are noth- ing to get excited about . But if justices who favor citations to ...
... references to foreign practice or foreign opinion might fairly be described as incidental to the Court's reasoning . So , it may seem that these references are noth- ing to get excited about . But if justices who favor citations to ...
Էջ 15
... references to the law of nations in resolving important legal ques- tions suggest that contemporary uses of foreign or international law as non - binding but relevant authority are well within our own interpretive traditions . This ...
... references to the law of nations in resolving important legal ques- tions suggest that contemporary uses of foreign or international law as non - binding but relevant authority are well within our own interpretive traditions . This ...
Էջ 17
... references to foreign law and legal practice seems to me entirely consistent with the founding generation's respectful interest in other countries ' opinions and legal rules . Lawrence did not treat foreign court decisions as binding ...
... references to foreign law and legal practice seems to me entirely consistent with the founding generation's respectful interest in other countries ' opinions and legal rules . Lawrence did not treat foreign court decisions as binding ...
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Common terms and phrases
American law appropriate Article ARY OF CONGRESS Atkins BACHUS CHABOT Chairman Chief Justice citation cited clause CONG CONGRESS THE LIBR CONGRESS THE LIBRARY constitutional interpretation contemporary foreign death penalty deci Eighth Amendment European Court execution Federal Federalist Federalist Papers Feeney foreign authorities foreign courts foreign jurisdictions foreign law foreign materials foreign or international foreign practice Framers gentleman Goodlatte GRESS HOSTETTLER human rights international law issue judges judicial Judiciary Justice Ginsburg Justice Scalia Lawrence legal texts legislative legislatures LIBRA LIBRARY CONGRESS LIBRARY OF CONGRE LIBRARY OF CONGRESS look McGinnis moral and social NADLER opinion original meaning PREPARED STATEMENT Professor Jackson Professor Ramsey protect provision question RABKIN ratified relevant relied resolution Sandra Day O'Connor separation of powers sions social policy sodomy sodomy laws sovereignty stitution Supreme Court Justice Texas Thank things tion treaties U.S. Constitution U.S. courts U.S. law U.S. Supreme Court United Warsaw Convention
Սիրված հատվածներ
Էջ 55 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Էջ 42 - 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.
Էջ 13 - 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 2 - ... there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Էջ 13 - 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 12 - 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 26 - The right the petitioners seek in this case has been accepted as an integral part of human freedom in many other countries. There has been no showing that in this country the governmental interest in circumscribing personal choice is somehow more legitimate or urgent.
Էջ 55 - there is no liberty, if the power of judging be not separated from the legislative and executive powers.
Էջ 43 - 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.