Judicial Dialogue for Legal Multiculturalism
This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix of judicial institutions, both equal and hierarchical, and in the resolution of conflict, even regarding fundamental principles, by judicial dialogue rather than hierarchical command. Transferred to the global regime, these experiences suggest that the key is an openness to multiculturalism and to the value of full participation by all legal cultures in the evolution of a global legal culture.