July 21, 2005


A law unto itself? (The Guardian, 7/21/05)

The Guardian He also needs to play a part in reversing the trends of what Michael Ignatieff has called America's "judicial isolationism or judicial narcissism". We live in a world marked by the gradual globalisation of the law. More and more jurisdictions - including our own House of Lords in the Belmarsh case - now draw on international legal precedent in their judgments. Yet the US, in this as in other respects, remains neuralgic about drawing on international experience. Justice Scalia, in particular, seeks to cut the US off entirely from the 21st-century global legal conversation. Justice O'Connor, on more than one occasion, argued the case for engagement. One of the acid tests for Judge Roberts will be whether he chooses to help Americans join that conversation or to block their ears to what the rest of the world is saying.
Seems awfully early in the century.

Posted by David Cohen at July 21, 2005 8:13 AM

Sounds great! Official Secrets Act, anyone?

Posted by: Mikey at July 21, 2005 8:18 AM

Constitution or "conversation," huh? Golly, tough choice there.

Posted by: Guy T. at July 21, 2005 8:20 AM

The Guardian obviously doesn't understand the difference between a conversation and a diktat. Justice Scalia et al are entirely familiar with the most recent howlers produced by Europe's ostrich-like judiciary, we just don't want to buy into the same nonsense.

It's like when people complain that G-d didn't answer their prayers. He did. He just said 'No.'

Posted by: bart at July 21, 2005 8:42 AM

Neuralgia never looked so good. Keep up the good work. Mr.Justice.

Posted by: erp at July 21, 2005 10:20 AM

Indeed. When the Guardian decides to abandon its anti-human 19th century poisons America, along with Iraq, India, etc., will be happy to help level them up to the dignity and adventure of the pursuit of happiness.

Posted by: Luciferous at July 21, 2005 11:17 AM

This is just the another transparent attempt by Europeans to have influence on U.S. foreign and domestic polilcy. It's part of that "tying down Gulliver" strategy that Josef Joffe talked about. Fortunately, we have Bush in the White House who can see this coming a mile away. We need his appointees in the Supreme Court who have a backbone as well.

Posted by: L. Rogers at July 21, 2005 11:17 AM

We'll be too busy spreading our system of laws around the rest of the planet.

Posted by: ghostcat at July 21, 2005 11:42 AM

Gaseous reasoning. The US constitution (fraudulant though it's basis may be to oj) is the zenith of applied political philosophy. Realistically, if a European had anything to offer he would already have become an American.

Posted by: at July 21, 2005 1:05 PM

Right on! Previous unnamed commenter. The best, the bravest, and the brainiest are here or trying their darndest to get here, and I say welcome. Always rooms for more of the same.

A great big thank you to our perspicuous forbearers.

Posted by: erp at July 21, 2005 1:32 PM
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