Essay

The New Legal Transnationalism, the Globalized Judiciary, and the Rule of Law

Author: Ken I. Kersch (Princeton University)

Abstract

In recent years in the United States, constitutional reasoning and practice has been going global. For many, this trend became apparent for the first time when, in the course of its analysis in the recent affirmative action and gay rights cases, the U.S. Supreme Court made frank references to foreign practices, public opinion, and court decisions, as well as international agreements-those ratified by the United States and those not.

Keywords: Constitutional interpretation, Judicial process, Rule of law, International, United States

How to Cite: Kersch, K. (2005) “The New Legal Transnationalism, the Globalized Judiciary, and the Rule of Law”, Washington University Global Studies Law Review. 4(2).