International Law Class 5: The Relationship Between National and International Law, part II

In this class, we further explore the relationship between international and domestic law through the lens of two cases concerning the death penalty: one from the U.S. Supreme Court and one from the Constitutional Court of South Africa. In both cases, the courts consider both international law (in the form of treaties) as well as comparative law (that is, the laws of other countries) in evaluating the constitutionality of the death penalty. As you read the cases, consider how the decisions are similar to and different from one another. Do you think the courts' use of these various types of international and comparative sources is legitimate? Why or why not?