Citing Foreign Law: Constitution Edition

how do you cite to a foreign constitution

The citation style for a foreign constitution depends on the style guide being used. For example, The Bluebook, a style guide for legal citations, provides general guidelines (Rule 20) and a table of sources (Table 2) for citing foreign law. For languages that do not use the Roman alphabet, The Bluebook instructs that all titles and names should be transliterated using a standard transliteration system (Rule 20.2.4). When citing a foreign constitution, it is important to always cite the most official or authoritative version of the document, which may be in English if it is equally or more authoritative than the original. Jurisdiction should also be included in the citation unless it is clear from the context.

Characteristics Values
Language If the language does not use the Roman alphabet, use a standard transliteration system such as the ALA-LC Romanization tables.
Full Title Always give the document's full title or name in the original language the first time.
Abbreviation Provide the abbreviation in brackets after the first full form citation.
Jurisdiction Include the jurisdiction at the end of the citation but before any parallel citations.
Translation Cite a translation if the original source is not widely available to researchers in the United States.
Parallel Citation When citing a translation, first cite the original source and provide a parallel citation to the translation.
Most Official or Authoritative Version Always cite the most official or authoritative version of the document.
English Version Use the English version if it is as authoritative as the non-English version.

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Citing non-Roman alphabet languages

When citing non-Roman alphabet languages, it is important to follow the specific guidelines outlined by the Bluebook and other style guides. Here are some detailed instructions and examples to help you with citing non-Roman alphabet languages in the context of foreign constitutions:

Transliteration:

According to Rule 20.2.4 of the Bluebook, any term not using the Roman alphabet should be transliterated using a standard transliteration system. The ALA-LC Romanization tables are one such standard system that can be used. This ensures that non-Roman characters are accurately represented in Roman script.

Original Language and Translations:

When citing a foreign constitution, it is generally recommended to provide the full title or name in the original language the first time it is cited. This includes the full title in the non-Roman alphabet, followed by its transliteration. For example:

Original: 憲法 [Japanese: Kenpō]

Transliterated: Constitution [English]

Additionally, if desired, you may provide a full-length or short-form English translation of the title in brackets after the original title. This helps readers understand the content and subject matter.

Abbreviations:

When using abbreviations in non-Roman alphabet languages, it is essential to follow the specific guidelines of the chosen citation style. For example, the Bluebook provides tables with abbreviations for various legal sources, including foreign and international materials. Always ensure that you are using the correct abbreviations for the specific citation style you are following.

Country-Specific Guidelines:

Certain style guides, such as the NYU JILP Guide to Foreign and International Legal Citations, provide country-specific information. This includes titles of major legal sources, citation formats, and abbreviations for specific countries, which can be incredibly helpful when dealing with non-Roman alphabet languages.

Inclusion of Non-Roman Text:

In some cases, it may be appropriate to include the original non-Roman text alongside the transliteration or translation. This is especially true for languages like Chinese and Japanese, where the characters can help readers identify references or terms. These non-Roman characters are typically included in bibliographies, glossaries, or enclosed in parentheses within the text.

Publisher or Journal Style:

Finally, always remember to consider the style prescribed by your publisher or journal. Different publications may have specific guidelines or preferences for citing non-Roman alphabet languages, so it is important to consult their style guides or manuals for accurate and consistent formatting.

By following these guidelines and referring to specific style guides, you can effectively cite non-Roman alphabet languages when referencing foreign constitutions.

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Referencing foreign statues

When referencing foreign statutes, it is important to follow the correct citation style, such as APA, MLA, Chicago, or Harvard referencing. Here is a guide on how to reference foreign statutes using these styles:

APA Style

The basic structure for citing a statue in APA style is as follows:

> Artist Surname, First Initial. (Year). Statue Title [Type of work]. Museum Name, Location.

For example:

> Stati, C. (1600–1601). Orpheus [Marble statue]. The Metropolitan Museum of Art, New York, New York.

If you are citing an inscription on a statue, the structure is slightly different:

> Last Name of Author, First Initial. (Year). Monument Title [One-word description of what’s being cited]. City, State.

For example:

> Lazarus, E. (1883). Statue of Liberty [Inscription]. New York, New York.

MLA Style

For MLA style, the basic structure for citing a statue is:

> Artist Full Name. Statue Title. Year. Medium. Museum Name, Location.

For example:

> Cristoforo Stati. Orpheus. 1600–1601. Marble. The Metropolitan Museum of Art, New York.

To cite an inscription in MLA style:

> Last Name of Author, First Name. “Inscription Title/Description.” Monument Title. Publication/unveiling Date of Inscription. City, State.

For example:

> Lazarus, Emma. “The New Colossus.” Statue of Liberty. 1883. New York, New York.

Chicago Style

The Chicago style for citing a statue is similar to MLA:

> Artist Surname, First Name. Year. Statue Title. Medium. Museum Name, Location.

For example:

> Stati, Cristoforo. 1600–1601. Orpheus. Marble. The Metropolitan Museum of Art, New York.

For Chicago-style citations of inscriptions:

> Last Name of Author, First Name. Inscription Title/Description, Publication/unveiling Date of Inscription. Medium. Monument Title, City, State. Date you viewed/visited the memorial.

For example:

> Lazarus, Emma. The New Colossus, 1883. Inscription carving. Statue of Liberty, New York, New York. Viewed May 14, 2019.

Harvard Referencing

Harvard referencing for a statue follows this structure:

> Artist Surname, First Name. (Year). Statue Title. Medium. Museum Name, Location.

For example:

> Stati, Cristoforo. (1600–1601). Orpheus. Marble. The Metropolitan Museum of Art, New York.

For an inscription:

> Author Surname, First Initial. (Year). Inscription Title/Description. Monument Title. City, State.

For example:

> Lazarus, E. (1883). The New Colossus. Statue of Liberty. New York, New York.

Additional Considerations for Foreign Statutes

When referencing foreign statutes, there are a few additional considerations to keep in mind:

  • Always cite the most official or authoritative version of the document.
  • Use the English version if it is as authoritative as the non-English version.
  • If the document does not indicate which version is more authoritative, default to using the English version.
  • For languages that do not use the Roman alphabet, always transliterate using a standard system such as the ALA-LC Romanization tables.
  • Include jurisdiction unless it is clear from the context.

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Citing foreign treaties

When citing a foreign treaty, the general format across citation styles remains the same. However, the format differs depending on whether you're following Modern Language Association (MLA), American Psychological Association (APA), Chicago Style, or Turabian rules of citation.

For MLA, the citation should include the country, government division, title of the treaty, name of the website or publication, URL, and a description of the treaty. For example:

> United States, Senate. Beijing Treaty on Audiovisual Performances. Name of Website, Permalink URL. Description of the Beijing Treaty.

If the treaty was not authored by a specific country, start the citation with the title of the treaty instead of an author.

For APA, the Publication Manual doesn't include guidelines for citing treaties as it follows The Bluebook: A Uniform System of Citation. The basic elements of a treaty reference include the title of the agreement, the names of the parties, the date of signing, and the source of the treaty. For example:

> Beijing Treaty on Audiovisual Performances, Jan. 1, 2023, 63 Stat. 2241, 34 U.N.T.S. 243.

Note that the date should be written in month-day-year format, and the month should be abbreviated if it is longer than four letters.

For Chicago Style, the citation should include the title of the treaty, the date of signing, and the source of the treaty. The format is similar to APA, with some differences in style. For example:

> Beijing Treaty on Audiovisual Performances, January 1, 2023, 63 Stat. 2241, 34 U.N.T.S. 243.

Finally, Turabian is the student version of Chicago Style, so the formatting will be similar with some modifications for student work.

When citing a foreign treaty, it is important to include the basic elements such as the title of the treaty, the parties involved, the date, and the source. The specific formatting will depend on the citation style required for your paper or publication.

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Jurisdiction and foreign law

When citing a foreign constitution or law, there are several key resources and guidelines to keep in mind. Here is an overview of the steps to take and the resources to consider for citing foreign law, with a focus on jurisdiction and foreign constitutions:

The Bluebook

The Bluebook: A Uniform System of Citation is a comprehensive guide to legal citations. It is a valuable resource for citing foreign law and includes specific rules for citing foreign materials. Rule 20 of The Bluebook covers foreign law materials, including considerations of jurisdiction (Rule 20.1). Table 2 of The Bluebook (accessible online for free) provides citation guidelines for 43 jurisdictions. If your jurisdiction is not included, follow the general guidelines in Rule 20. Additionally, Rule 21.4 covers citations from treaties, and Rules 20 and 21 provide tables for foreign and international organisation (IGO) citations.

NYU JILP Guide to Foreign and International Legal Citations

This guide covers 45 countries, including Singapore, Sharia law, and some international organisations and tribunals. It provides country profiles, major legal sources, and citation practices for each jurisdiction. The second edition is commercially available, while the first edition (2006) is accessible as a free PDF.

International Citation Manual (ICM)

The ICM, prepared by the editors of the Washington University Global Studies Law Review, covers 37 countries. It provides an overview of each country's legal system and citation formats for major publications, including constitutions, statutes, and cases, with numerous examples.

Other Resources

  • Universal Citation in International Arbitration: This resource provides background information, suggested sources, and citation formats for international arbitration.
  • IATE (InterActive Terminology for Europe): Provides terminology and abbreviations for European countries.
  • Index to Legal Citations and Abbreviations: Covers publications from the UK, Ireland, the US, and some countries in Europe, Africa, Asia, and South America.
  • Prince's Bieber Dictionary of Legal Abbreviations: A reference guide for legal abbreviations used in US and UK legal literature.

Guidelines for Citing Foreign Constitutions

When citing a foreign constitution specifically, refer to Rule 20.4 of The Bluebook. Additionally, when citing a document in a language other than English, as is often the case with foreign constitutions, refer to Rule 20.2. Authors should provide the full title in the original language the first time the document is cited. An English translation of the title can be included in brackets after the original title if desired. Abbreviations in the original language should be elongated to their full form.

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Abbreviations for foreign constitutions

The Bluebook is a citation guide that provides rules for citing to foreign law materials, including foreign constitutions. Rule 20.4 of The Bluebook covers the citation of foreign constitutions, and Table 2 lists sources of law and sample citations for over 40 foreign jurisdictions. Abbreviations for foreign constitutions should follow the rules and guidelines set out in The Bluebook.

There are also other resources that can help with abbreviations for foreign constitutions and legal citations in general. The International Citation Manual (ICM) by Washington University Global Studies Law Review offers guidance on legal citation practices for more than 35 countries, including citation formats for constitutions, statutes, cases, and secondary sources. The Australian Guide to Legal Citation (AGLC) is Australia's primary legal citation manual, widely adopted by law schools, courts, and legal publications.

For French legal literature, including citations from journals, statutes, and case law, the guide "Foreign Law Abbreviations: French" by Adolf Sprudzs offers a comprehensive list of abbreviations. Similarly, "IPRax-Abkürzungsverzeichnis" by Bernd von Hoffmann and Karsten Thorn is a comprehensive directory of abbreviations used in German legal writing, including court names, statutes, journals, and legal phrases. It is especially useful for deciphering citations in German and EU legal materials.

Online databases, such as the one hosted by Cardiff University, provide access to abbreviations for English language legal publications from the British Isles, the Commonwealth, and the United States, as well as a wide selection of major foreign language law publications. The Cardiff Index to Legal Abbreviations is a free, web-based resource that covers legal abbreviations from the UK, Canada, Australia, New Zealand, and other Commonwealth jurisdictions, as well as the United States.

Other print and electronic dictionaries, such as the World Dictionary of Legal Abbreviations, offer comprehensive coverage of legal abbreviations used in jurisdictions worldwide. These resources can be extremely helpful in deciphering and using abbreviations for foreign constitutions and legal citations accurately.

Frequently asked questions

For foreign constitutions, refer to R20.4, p. 192 of the Bluebook. Jurisdiction should be applied as necessary, unless it is clear from the context.

For languages that do not use the Roman alphabet, always transliterate any term using a standard transliteration system such as the ALA-LC Romanization tables.

Cite to a translation, but first cite the original source and create a parallel citation to its translation.

Jurisdiction should be included at the end of the citation but before any parallel citations and should utilize abbreviations in Table 10.

Only "Id." is an acceptable short form for constitutions.

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