Ken I. Kersch Like everything else, constitutional reasoning is going global. nations (including, in time, the newly de-colonized nations) In the U.S. Supreme Court's recent affirmative action and gay manifested a resolute new commitment to constitutional self-govrights decisions, several justices made prominent reference to ernment. Sovereignty understood then as a pre-condition of foreign practices, court decisions, and international agreements constitutional democracy was, in this context, highly valued. So (both those ratified by the U.S., and those not).1 While, strictly long as free nations were committed to a few bedrock rule of law speaking, not unprecedented, these allusions were significant in and democratic principles (principles set out in horatory fashion in the current context because they heralded the arrival at the Court the U.N. Charter and a series of prominent international declaraof a vast, decade-long vanguardist inteltions), the choice of a set of institutions lectual project aimed at globalizing was considered the province of soverIn its broadest sense, the modern American law an0d the American judieign, self-governing states. A comparainterest in deepening our comparaciary. In the past, similarly ambitious tive perspective was judged useful tive understanding of constitutions projects, like the sociological jurisprubecause the best choices concerning
The Good Society – Penn State University Press
Published: Nov 4, 2004
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