Abstract
The use of foreign judgments in domestic constitutional adjudication has proved to be contentious in both the USA and India. Chief Justice Balakrishnan argues that there is no principle of law that constrains a constitutional court from referring to these judgments, and specifically addresses possible differences in the constitutional scheme in the United States and India in this respect. Chief Justice Balakrishnan emphasises, however, that this exercise must proceed with caution, and carefully examine structural similarities before applying the decision of a foreign court to a domestic question. He offers several examples in the jurisprudence of the Supreme Court of India that could serve as a model for the use of foreign judgments in constitutional adjudication.
Recommended Citation
Balakrishnan, K. G.
(2010)
"The Role of Foreign Precedents in a Country's Legal System,"
National Law School of India Review: Vol. 22:
Iss.
1, Article 1.
Available at:
https://repository.nls.ac.in/nlsir/vol22/iss1/1
