Alford, Roger P.
October 2005
UCLA Law Review;Oct2005, Vol. 53 Issue 1, p1
Academic Journal
The article informs that U.S. Supreme Court's decision in Roper vs. Simmons case offers a prism to view constitutional comparativism afresh. The Court in many respects plows no new ground in embracing evolving standards of decency and defining those standards based on the majoritarian paradigm of a national consensus. But unlike any previous decision in history, it devotes a substantial part of the decision to a rigorous defense of constitutional comparativism. While the plot in Roper case is the death of a callous adolescent, the subplot is the birth of a new comparative jurisprudence. The Court is not simply deciding a case, it also is defining and defending a movement that has the potential to change the course of constitutional law.


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