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Law

Using Comparative Constitutional Law to Interpret Fundamental Rights

Quick fact

The Supreme Court of Canada has cited foreign law in interpreting the Charter's rights, and the South African Constitutional Court routinely considers international and foreign law in its rights jurisprudence.

Why this is interesting

When a court argues that a right to privacy includes a right to same-sex marriage, it sometimes looks not only at its own constitution but at decisions from other countries. Why would a judge care about how a different nation interprets its laws?