Document Type

Article

Publication Date

2006

Abstract

Within the context of the Eighth Amendment, "clear, predictable, and uniform constitutional standards are especially desirable." However, the Eighth Amendment's current proportionality requirement lacks the clarity or predictability needed for a principled jurisprudence. This Note considers the source of these problems, and posits that a limited comparativism can inform proportionality review and bring consistency to the application of the Eighth Amendment. In doing so, this Note answers critics of comparative theory, and creates a framework for the limited use of comparativism in Eighth Amendment cases.

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