The Supreme Court's Medellin decision continues to draw comment. Ilya Somin today explains why, leaving aside whether the decision is right as a matter of constitutional interpretation, Medellin makes good law.
Somin argues persuasively that, for all its flaws, American criminal and procedural law is generally enacted through legitimate and largely democratic processes and is generally correct. Decisions of the International Court of Justice, by contrast, are usually the product of deliberation by authoritarian, fascist, and undemocratic regimes. And, on balance, American courts get the law right more often than does the ICJ.
No argument from this corner.
Thursday, March 27, 2008
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