judicial comparativism

Constitutional courts worldwide are increasingly turning to legal arguments and ideas from other countries for guidance and inspiration. But scholarly interest in the growing judicial use of foreign law paints a very misleading picture of the globalization of constitutional law, says David Law, JD, PhD, professor of law at Washington University in St. Louis. He says that for those who want to see the U.S. Supreme Court make greater and more sophisticated use of foreign law, encouraging its members or inviting them to additional conferences and gatherings is likely to have little impact. “At this point in time, the greatest obstacle to judicial comparativism in the United States is not the unwillingness of individual judges to consider foreign legal materials, it is the current political economy of the American legal education.”