Justice Kennedy et les lois étrangères

Billet publié le 05/09/2005

Cette semaine dans le New Yorker : SWING SHIFT, by Jeffrey Tobin, How Anthony Kennedy’s passion for foreign law could change the Supreme Court.

Kennedy has a passion for foreign cultures and ideas, and, as a Justice, he has turned it into a principle of jurisprudence. Over the past two years, he has become a leading proponent of one of the most cosmopolitan, and controversial, trends in constitutional law: using foreign and international law as an aid to interpreting the United States Constitution.
in 2003, Kennedy drew on several foreign sources in the context of a majority opinion in one of the Court’s most important cases in recent years. In Lawrence v. Texas, the Court ruled, six to three, that states could not criminalize sodomy between consenting adult homosexuals, thus overturning a seventeen-year-old precedent on the subject, Bowers v. Hardwick.