This book explores the use of foreign judges on courts of
constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati,
Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and
Vanuatu.
We often assume that the judges sitting on domestic courts will be
citizens. However across the island states of the Pacific, over
three-quarters of all judges are foreign judges who regularly hear
cases of constitutional, legal and social importance. This has
implications for constitutional adjudication, judicial independence
and the representative qualities of judges and judiciaries.
Drawing together detailed empirical research, legal analysis and
constitutional theory, it traces how foreign judges bring different
dimensions of knowledge to bear on adjudication, face distinctive
burdens on their independence, and hold only an attenuated connection
to the state and its people. It shows how foreign judges have come to
be understood as representatives of a transnational profession, with
its own transferrable judicial skills and values.
_Foreign Judges in the Pacific_ sheds light on the widespread but
often unarticulated assumptions about the significance of nationality
to the functions and qualities of constitutional judges. It shows how
the nationality of judges matters, not only for the legitimacy and
effectiveness of the Pacific courts that use foreign judges, but for
legal and theoretical scholarship on courts and judging.
Les mer
Produktdetaljer
ISBN
9781509942879
Publisert
2021
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter