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.
Shawn E. Fields, Constitutional Comparativism and the Eighth Amendment, 86 B.U. L. Rev. 963 (2006).