ARIZONA STATE SENATE
Fiftieth Legislature, First Regular Session
FACT SHEET FOR S.C.R. 1010
judicial decisions; international law
Purpose
Subject to voter approval, constitutionally prohibits courts from considering international law or legal percepts of other nations or cultures when making judicial decisions.
Background
Article VI of the Arizona Constitution outlines the requirements pertaining to the judicial department. It establishes judicial power, jurisdiction and authority, composition, qualifications, duties and process. Judicial power is vested in an integrated judicial department consisting of a Supreme Court, appellate courts as provided by law, a superior court, and courts inferior to the superior court as provided by law and justice courts.
There is no anticipated fiscal impact to the state General Fund.
Provisions
1. Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law.
2. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.
3. Makes conforming changes.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
January 14, 2011
GK/SL/tf