U.S. Supreme Court influence said waning

WASHINGTON, Sept. 18 (UPI) --

The U.S. Supreme Court's strong influence, once a major guidance in judicial rulings around the world, is showing signs of fading, legal experts say.

Fewer foreign courts appear to be paying attention to the writings of U.S. justices, normally cited in hundreds of decisions abroad since World War II, The New York Times said in a survey Thursday.

An analysis in nations around the globe indicated several probable reasons but a similar story of a drop-off in U.S. high court references noted a drop of citations in human rights cases where rulings now often cite the European Court of Human Rights.

The survey indicates as possible reasons a diminished regard for the United States in some parts of the world, which some experts blame on the Bush administration's unpopularity.

Further, new and sophisticated constitutional courts elsewhere generally are said to be more liberal than the current U.S tribunal.

And, foreign judges say, there is an adamant opposition of some U.S. Supreme Court justices to using foreign law in their own opinions.

Aharon Barak, former chief justice of the Supreme Court of Israel, wrote the refusal to use foreign decisions and "an important source of inspiration" that also "strengthens the democratic ties" is partly to blame for the U.S. "losing the central role it once had among courts in modern democracies."


Copyright 2008 by United Press International
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Times of the Internet, now in Spanish


Published: Thursday 18th of September 2008 07:40:13 AM
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