Justice Kennedy's legacy of constitutional comparativism: an Australian perspective

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Justice Anthony Kennedy retired from the United States Supreme Court in 2018, after more than 30 years serving in the influential role. During his time on the bench, significant controversy was sparked following Kennedy J's citation offoreign law in a number of majority opinions interpreting and applying the United States Constitution. The intensity of these debates notably contrasts with Australian attitudes and practice regarding the use of comparative analysis in constitutional adjudication. This article offers a reflection on this aspect of Kennedy J's judicial legacy from an Australian perspective.
Original languageEnglish
Pages (from-to)1-26
Number of pages26
JournalUniversity of Tasmania law review
Issue number1
Publication statusPublished - 2019


  • Comparative Constitutional Law
  • Justice Anthony Kennedy
  • United States
  • Australia
  • Use of Foreign Law
  • Constitutional Interpretation


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