James Allan (The University of Queensland – T.C. Beirne School of Law) has posted Jeremy Waldron and the Philosopher’s Stone* (San Diego Law Review, Forthcoming) on SSRN. Here is the abstract:
The author considers Jeremy Waldron’s argument in favour of referring to, and on occasion perhaps even deferring to, foreign law. Waldron rests his argument on an analogy to how science works. The author argues this analogy is flawed. Indeed the author argues that Waldron’s position on this issue is inconsistent with his earlier writings on the undesirability of strong judicial review under an entrenched bill of rights.