The judiciary's role is to interpret and apply the law, not to legislate or rewrite it. We aren't looking to the past, but to the law, and the context surroundi

The judiciary's role is to interpret and apply the law, not to legislate or rewrite it. We aren't looking to the past, but to the law, and the context surrounding it's writing so as to understand it. Of course laws are written in the past, but that's incidental. Many countries have lots of interesting ideas; that's up to the legislative branch to be informed by, and perhaps copy. For the judicial branch to do otherwise would invalidate a rule of law, and the separation of powers. While interpretation of law evolves, it can't be rewritten because a judge (or judges) liked something another country did. If the legislative branch wishes to amend The Constitution, there is a procedure for that, including a wholesale rewriting of it (Constitutional Convention). We've amended it via 27 amendments, substantially altering its structure.