The Overseas Exchange of Human Rights Jurisprudence: The U.S. Supreme Court in the European Court of Human Rights

A recent study indicated that even though courts around the world have long looked to the decisions of the U.S. Supreme Court (USSC) for guidance, a diminishing number of foreign courts are citing the writings of American justices. By contrast, foreign courts in developed democracies often cite the rulings of the European Court of Human Rights (ECtHR). However, this study did not specifically examine citations by the ECtHR of USSC decisions. The use by the ECtHR of law of other jurisdictions is now relatively commonplace. This article discusses the use of the individual rights decisions of the USSC by the ECtHR. Included is a discussion of the methodology used by the ECtHR and an analysis of decisions citing USSC decisions where the government loses. This examination adds to the literature on the evolving relationship between domestic institutions and legal norms from extra-jurisdictional sources.