Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.
Recent Developments in the Debate concerning the Use of Foreign Law in Constitution Interpretation,
30 Hastings Int'l & Comp. L. Rev. 131
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol30/iss1/5