Donald W. Jackson & Michael C. Tolley 
Globalizing Justice 
Critical Perspectives on Transnational Law and the Cross-Border Migration of Legal Norms

Globalization is a far-reaching and multifaceted phenomenon whose effects on law are just beginning to be appreciated fully. Globalizing Justice examines the effects of globalization on law and court systems in the developed and developing worlds. How has the global spread of legal norms changed the relationship between international, supranational, and national courts? How are transnational and international legal norms transmitted and received? The contributors utilize a variety of approaches—historical, comparative, normative, and empirical—to expose the extensive effects of globalization in areas such as human rights, universal criminal jurisdiction, citizenship, and national sovereignty. This volume sheds light on the global spread of information and the cross-border migration of legal ideas across the world to further open up the discussion of globalization in the social sciences.



Donald W. Jackson is Herman Brown Professor of Political Science at Texas Christian University and the author of Even the Children of Strangers: Equality under the U.S. Constitution. Michael C. Tolley is Associate Professor of Political Science at Northeastern University and the coauthor (with Christopher J. Bosso and John H. Portz) of American Government: Conflict, Compromise, and Citizenship. Mary L. Volcansek is Professor of Political Science at Texas Christian University and the author of Constitutional Politics in Italy: The Constitutional Court.

Table of Content

List of Tables

Preface and Acknowledgments



Introduction


Donald W. Jackson, Michael C. Tolley, and Mary L. Volcansek




Part I. Transnational Influences on the U.S. Supreme Court



1. The U.S. Supreme Court’s Use of Comparative Law in the Construction of Constitutional Rights


David M. O’Brien



2. Foreign Law in American Jurisprudence: An Empirical Study


Francine Banner, Ken Miller and Doris Marie Provine



3. Foreign Law in Domestic Courts: Different Uses, Different Implications


Christopher A. Whytock




Part II. The Rise of Transnational Criminal Jurisdiction



4. Legitimacy and the Exercise of Universal Criminal Jurisdiction


Donald W. Jackson



5. International and Transnational Law, Sovereignty, and Hegemonic Power


Donald W. Jackson



6. The Promotion of International Criminal Law: Evaluating the International Criminal Court and the Apprehension of Indictees


Lilian A. Barria and Steven D. Roper




Part III. Transnational Influences on Rights, Citizenship, and Democratization



7. The Globalization of Human Rights Norms: Understanding the Opportunities and Limits of International Law and Transnational Activism


Hans Peter Schmitz



8. Rights and the Limits of Transnational Solidarity in Europe


Lisa Conant



9. International Imposition and Transmission of Democracy and Rule of Law: Lessons from Central America 


Rachel Bowen



10. The Role of International Actors in Promoting Rule of Law in Uganda


Joseph Isanga



Part IV. Transnational Law and the Boundaries of Sovereignty



11. Blurring Sovereignty: The Human Rights Act of 1998 and British Law


Mary L. Volcansek



12. Fundamental Rights, the European Court of Justice, and European Integration


Michael C. Tolley



13. Spreading the Word: Australia’s National Human Rights and Equal Opportunity Commission as Transnational Legal Entrepreneur


Rhonda Evans Case



14. Judicial Globalization: How the International Law of Human Rights Changed the Argentine Supreme Court


Walter F. Carnota



Conclusion


Donald W. Jackson, Michael C. Tolley and Mary L. Volcansek



List of Contributors

Index

About the author

Donald W. Jackson is Herman Brown Professor of Political Science at Texas Christian University and the author of
Even the Children of Strangers: Equality under the U.S. Constitution.
Michael C. Tolley is Associate Professor of Political Science at Northeastern University and the coauthor (with Christopher J. Bosso and John H. Portz) of
American Government: Conflict, Compromise, and Citizenship.
Mary L. Volcansek is Professor of Political Science at Texas Christian University and the author of
Constitutional Politics in Italy: The Constitutional Court.