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Article: Foreign Judges: Pacific Practice and Global Insights

TitleForeign Judges: Pacific Practice and Global Insights
Authors
KeywordsForeign Judges
Judiciary
Pacific States
Issue Date2019
PublisherCommonwealth Magistrates' and Judges' Association. The Journal's web site is located at https://www.cmja.org/publications/
Citation
Commonwealth Judicial Journal, 2019, v. 24 n. 2, p. 26-29 How to Cite?
AbstractThe use of foreign judges is an exceptional phenomenon in world experience. That judges, particularly on a state’s highest courts, will be citizens is often taken for granted in academic and practice-oriented literature on judging. However, foreign – or non-citizen – judges sit on domestic courts in over 30 jurisdictions across the world. Given the majority of these jurisdictions are Commonwealth states in Africa, the Caribbean and the Pacific, readers of the Commonwealth Judicial Journal might be one of the rare audiences for whom the use of foreign judges is a familiar practice. The use of foreign judges is a largely under-studied phenomenon. It raises a host of practical and theoretical questions. Just how does foreign judging work in practice? How might the constitutional and judicial systems of states accommodate the use of foreign judges? To what extent, if at all, does the nationality of the judges on a domestic court matter? This short article outlines some responses to these questions, drawing on insights from the practice of foreign judging in Pacific island states.
Persistent Identifierhttp://hdl.handle.net/10722/289429
ISSN
SSRN

 

DC FieldValueLanguage
dc.contributor.authorDziedzic, A-
dc.date.accessioned2020-10-22T08:12:32Z-
dc.date.available2020-10-22T08:12:32Z-
dc.date.issued2019-
dc.identifier.citationCommonwealth Judicial Journal, 2019, v. 24 n. 2, p. 26-29-
dc.identifier.issn0308-5104-
dc.identifier.urihttp://hdl.handle.net/10722/289429-
dc.description.abstractThe use of foreign judges is an exceptional phenomenon in world experience. That judges, particularly on a state’s highest courts, will be citizens is often taken for granted in academic and practice-oriented literature on judging. However, foreign – or non-citizen – judges sit on domestic courts in over 30 jurisdictions across the world. Given the majority of these jurisdictions are Commonwealth states in Africa, the Caribbean and the Pacific, readers of the Commonwealth Judicial Journal might be one of the rare audiences for whom the use of foreign judges is a familiar practice. The use of foreign judges is a largely under-studied phenomenon. It raises a host of practical and theoretical questions. Just how does foreign judging work in practice? How might the constitutional and judicial systems of states accommodate the use of foreign judges? To what extent, if at all, does the nationality of the judges on a domestic court matter? This short article outlines some responses to these questions, drawing on insights from the practice of foreign judging in Pacific island states.-
dc.languageeng-
dc.publisherCommonwealth Magistrates' and Judges' Association. The Journal's web site is located at https://www.cmja.org/publications/-
dc.relation.ispartofCommonwealth Judicial Journal-
dc.subjectForeign Judges-
dc.subjectJudiciary-
dc.subjectPacific States-
dc.titleForeign Judges: Pacific Practice and Global Insights-
dc.typeArticle-
dc.identifier.emailDziedzic, A: dziedzic@hku.hk-
dc.identifier.hkuros317189-
dc.identifier.volume24-
dc.identifier.issue2-
dc.identifier.spage26-
dc.identifier.epage29-
dc.publisher.placeUnited Kingdom-
dc.identifier.ssrn3578299-

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