nmm 22 4500 ICPSR29121 MiAaI m f a u cr mn mmmmuuuu 130524s2010 miu f a eng d (MiAaI)ICPSR29121 MiAaI MiAaI Survey Study of 43 Supreme Court Common Law Judges on the Use of Foreign Law in Constitutional Rights Cases [electronic resource] Brian Flanagan , Sinead Ahern 2010-08-31 Ann Arbor, Mich. Inter-university Consortium for Political and Social Research [distributor] 2010 ICPSR 29121 Numeric Title from ICPSR DDI metadata of 2013-05-24. AVAILABLE. This study is freely available to the general public. Also available as downloadable files. This is a survey study of 43 judges from the British House of Lords, the Caribbean Court of Justice, the High Court of Australia, and the Supreme Courts of Ireland, India, Israel, South Africa, Canada, New Zealand, and the United States on the use of foreign law in constitutional rights cases. As the focus of attempts to both explain and justify the use of foreign law in constitutional discourse, the attitudes of apex judges are clearly at issue. The study aims to shed light on how common law judges view foreign law as a source of argument in constitutional rights matters, and how they "see" transnational sources. The data provide the basis for preliminary testing of globalist theory (associated with Anne-Marie Slaughter, Vicki Jackson and Chris McCrudden). More generally, they lend a practical insight to jurisprudential debates invoking the nature of judicial reasoning in appellate courts. We find that the conception of judges citing foreign law as a source of persuasive authority is of limited application. Citational opportunism and the aspiration to membership of an emerging international "guild" appear to be equally important strands in judicial attitudes towards foreign law. We argue that their presence is at odds with Ronald Dworkin's theory of legal objectivity, and revealed in a manner meeting his own methodological standard for attitudinal research. Cf.: http://dx.doi.org/10.3886/ICPSR29121.v1 appellate courts icpsr civil rights icpsr constitutional law icpsr foreign courts icpsr foreign judicial systems icpsr judges icpsr judicial review icpsr Supreme Court decisions icpsr ICPSR XVIII. ICPSR Publication-Related Archive IDRC VIII. International Organizations Flanagan, Brian Ahern, Sinead Inter-university Consortium for Political and Social Research. ICPSR (Series) 29121 Access restricted ; authentication may be required: http://dx.doi.org/10.3886/ICPSR29121.v1