Wednesday, October 01, 2003

“WORLD CULTURE” MAKES LAW?

"In a recent opinion that is hostile to the traditional American system of checks and balances, Justice Stephen Breyer said that a world order is coming into being. The Supreme Court, he said, should consider taking judicial notice of the culture of this new world order in formulating its opinions. ... To understand why Justice Breyer's suggestion is inimical to the American system of checks and balances, a distinction is needed between relevant and irrelevant constitutional issues. The issue is not whether many Americans believe the death penalty is cruel or unusual."

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