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November 19, 2005


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As a Canadian, I can confirm that our courts have always cited US case law, both on constitutional issues and common law ones, without considering it binding, and without any issue about legitimacy. And Canadinas are rather touchy on the subject of independence from the United States.

The Federalist Papers do not confine their attention to English common law. They talk about classical examples, the Holy Roman Empire, Switzerland and a number of other examples.

If you can cite a law review article, why not a decision by the Australian High Court? Once again, the Bush administration stirs up tribalism for poltical advantage, and smears the courts by failing to make a distinction between persuasive and binding authority.

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