The Value of Comparative Constitutional Law

The Use and Misuse of Comparative Constitutional Law (The George P. Smith Lecture in International Law)

This article examines the extent and nature of the use offoreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety ofpurposes, the article reaches two broad conclusions: (1) as a generalization, other co...

Constitutional Law

The Canons of Constitutional Law

Academic and political debates about what texts are canonical in the liberal arts have been occurring for some time. In this Commentary, Professors Balkin and Levinson discuss canons and canonicity in the study of law in general and of constitutional law in particular. Canons, they contend, are not simply collections of texts. Skills, approaches, forms of argument, standard examples, and even s...

the comparative constitutional law system and regional studies discipline

the regional studies discipline (which considers regions as connecting links between nation-states to the grand level of the international system) studies conflict, war, crisis, cooperation and integration among the countries located in a region. to study the characteristics of the countries found in a region needs a model. the author suggests a pre-model for comparative study of regional const...

Constitutional Law: Parole Status

In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...