Abstract
Increased interactions among peoples and states combined with the growth of written constitutions are creating new opportunities for “extra-territorial” forms of constitutional interpretation, that is, the interpretation of domestic constitutions by “outsiders.” This article considers the potential benefits, and dangers, of outsider interpretation. It also identifies factors relevant to the appropriateness or legitimacy of such practices, drawing from analogous rules and doctrines developed in the context of U.S. federalism and international law.
Disciplines
Comparative and Foreign Law | Constitutional Law | International Law | Law
Date of this Version
11-12-2012
Recommended Citation
Rosalind Dixon and Vicki C. Jackson, "Constitutions Inside Out: Outsider Interventions in Domestic Constitutional Contests" (November 2012). University of New South Wales Faculty of Law Research Series 2012. Working Paper 53.
http://law.bepress.com/unswwps-flrps12/53
Included in
Comparative and Foreign Law Commons, Constitutional Law Commons, International Law Commons
Comments
This paper is to be published in Wake Forest Law Review in 2013. This paper may also be referenced as [2012] UNSWLRS 53.