Journal Article

Constitutional borrowing: The influence of legal culture and local history in the reconstitution of comparative influence: The South African experience

D. M. Davis

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 1, issue 2, pages 181-195
Published in print April 2003 | ISSN: 1474-2640
Published online April 2003 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/1.2.181
Constitutional borrowing: The influence of legal culture and local history in the reconstitution of comparative influence: The South African experience

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Far too often one sees citation by counsel of, for instance, an American judgment in support of a proposition relating to our Constitution, without any attempt to explain why it is said to be in point. Comparative study is always useful, particularly where Courts in exemplary jurisdictions have grappled with universal issues confronting us…. But that is a far cry from blithe adoption of alien concepts or inappropriate precedents.

Justice Johann Kriegler in Bernstein v. Bester

Journal Article.  0 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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