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, Volumen4U.S. Government Printing Office, 2004 - 60 páginas |
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Página 19
... moral and social policy to inform their own thinking about moral and social policy . Further , no one is seriously proposing that U.S. courts should in all cases or even in difficult cases adopt the moral and social policy of 19.
... moral and social policy to inform their own thinking about moral and social policy . Further , no one is seriously proposing that U.S. courts should in all cases or even in difficult cases adopt the moral and social policy of 19.
Página 20
... social policy of foreign juris- dictions , nor that U.S. courts should consider the moral and social policy of all foreign jurisdictions . Such an approach would require enormous cutbacks in the con- stitutional rights of Americans ...
... social policy of foreign juris- dictions , nor that U.S. courts should consider the moral and social policy of all foreign jurisdictions . Such an approach would require enormous cutbacks in the con- stitutional rights of Americans ...
Página 21
... social policy . This is problematic in several respects . Consideration of the views and experiences of foreign jurisdictions is surely appro- priate in the formulation of moral and social policy , but it is properly a function of ...
... social policy . This is problematic in several respects . Consideration of the views and experiences of foreign jurisdictions is surely appro- priate in the formulation of moral and social policy , but it is properly a function of ...
Página 24
... social policy , I agree with that proposition : we should surely consider ( though not feel bound by ) other nations ' ap- proaches to similar social problems ( just as , in our federal system , individual states should consider ...
... social policy , I agree with that proposition : we should surely consider ( though not feel bound by ) other nations ' ap- proaches to similar social problems ( just as , in our federal system , individual states should consider ...
Página 25
... social policy rather than an inter- pretation of a legal text . The Court's citation of the ECHR ( and especially its claim that the ECHR had " rejected " the " reasoning and holding in Bowers " ) suggests that constitutional courts are ...
... social policy rather than an inter- pretation of a legal text . The Court's citation of the ECHR ( and especially its claim that the ECHR had " rejected " the " reasoning and holding in Bowers " ) suggests that constitutional courts are ...
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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...
Página 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.
Página 55 - there is no liberty, if the power of judging be not separated from the legislative and executive powers.
Página 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.