Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.
This Handbook presents a comparative study of foreign judges on domestic courts, examining the practice and its implications for adjudication, judicial identity and judicial independence and accountability. The Handbook will interest scholars of comparative law and judicial studies, as well as judges, lawyers and historians.
Daugiau informacijos
First global comparative study of foreign judges on domestic courts, illuminating the practice, rationales, and implications of foreign judging.
1. An Introduction to Foreign Judges on Domestic Courts Anna Dziedzic;
Part I. Rationales, Motivations and Design: Domestic Drivers; 2.My
Reflections as a Foreign Judge in the Commonwealth Mabel M. Agyemang;
3.
Judges from other Common Law Jurisdictions on the Hong Kong Court of Final
Appeal Joseph Fok; 4.Foreign Judges in Liechtenstein's Courts Peter Bußjäger;
5. The SICC, International Judges and International Commercial Dispute
Resolution Anselmo Reyes;
6. Foreign Judges in the Macau Special
Administrative Region of China: An Emblem and a Guarantee of the 'One
Country, Two Systems' Principle Paulo Cardinal; International Influences;
7.
Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo:
'Mission Impossible'? Constance Grewe;
8. A Judiciary 'Suspended' in
Transition? A Case Study of Portuguese Judges in East Timor Sapna Reheem
Shaila;
9. Foreign Judges in International Corruption Missions in Central
America Carlos Arturo Villagrįn Sandoval;
10. Mixed Composition in
International Criminal Justice: History, Justifications and Challenges Harry
Hobbs; Part II. Implications and Impact: First Hand Accounts;
11. Impartial
Adjudicators? The Role of Foreign Judges in Seychelles Mathilda Twomey;
12.
What is it to be an Academic French Female Judge in Andorra? Some Personal
Thoughts about a Unique Experience Laurence Burgorgue-Larsen;
13. Foreign
Judges on Domestic and Regional Courts: The Difference Between What Matters
and What Seems to Matter Dennis Byron;
14. Foreign Judges in National Courts
in the Commonwealth Karen Brewer;
15. Reflections David Baragwanath; Judicial
Identity and the Judicial Role;
16. Colonial-Era Mixed Courts, the
Compensation of Foreigners for Wrongful State Acts and the Emergence of
International Judges as Guarantors of Individual Rights Michel Erpelding;
17.
Forging a Judicial Identity: The Colonial Legal Service Paul Swanepoel;
18.
Domestic Criticisms of Foreign Judges: The Case of Hong Kong Simon N. M.
Young;
19. Judicial Mobilities: Travelling Judges in the Pacific Anna
Dziedzic; Adjudication, Accountability and Independence;
20. Foreign Judging
and Securing Judicial Independence in the Anglo Caribbean Tracy Robinson;
21.
Importing Justice: Foreign Judicial Appointments in Southern Africa Rachel
Ellett;
22. Foreign Judges on Domestic Courts in the MENA Region: Challenges
and (Missed) Opportunities Siraj Khan;
23. Foreign Judges on the Gambian
Bench: Implications for Judicial Independence and Rule of Law Satang Nabaneh;
24. The Syariah Factor: One of the Many Challenges for 'Foreign' Judges in
the Courts of Brunei Darussalam Ann Black;
25. Foreign Judges: Adjudicating
Papua New Guinea's 'Home-Grown' Transformative Constitution Bal Kama;
26.
Shaping the Legal Landscape: Foreign Judges in the Federated States of
Micronesia Gonzaga Puas.
Anna Dziedzic is an early career scholar who has completed post-doctoral fellowships at Melbourne Law School and the University of Hong Kong. She researches comparative constitutional law and judicial studies, with a focus on the Pacific region. Her first book, Foreign Judges in the Pacific, was published in 2021. Simon N. M. Young is Associate Dean (Research) in the Faculty of Law, The University of Hong Kong, and a practising barrister with Parkside Chambers. He has written on many aspects of Hong Kong's post-1997 constitutional order in relation to national security, criminal justice, human rights, the judiciary, and elections.
Daugiau apie elektronines knygas