The Ross Writ

Discourse and thought about constitutional norms increasingly transcend national borders and founding documents. Spirited debate has arisen within the United States about whether and how foreign law should be utilized for purposes of construing the U.S. Constitution, but there is no doubt that citations to foreign law increasingly surface in U.S. court decisions. Less attention has been paid, however, to the larger interplay between the constitutional norms of the U.S. and other nations. What role does the U.S. Constitution play in other nations’ interpretations of their own constitutions? To what extent is that role impacted by the perceived willingness, or lack thereof, of the U.S. to look to other nations’ constitutions? What are the constitutional benchmarks for nations constructing new constitutions and how do such nations choose between them in the face of divergence? What can nations learn from one another about common constitutional controversies—such as those surrounding security initiatives as they may impact civil liberties and larger constitutional norms? This Symposium will explore these questions, gathering prominent scholars, practitioners, and judges from the U.S. and abroad in order to do so. The unifying theme will be the manner in which constitutionalism is developing, and should develop, around the world as viewed from the perspective of the U.S. and other nations with their own proud and distinct constitutional traditions.