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Foreign Judges in the Pacific


ISBN13: 9781509942862
Published: December 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509942909



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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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.

Subjects:
Other Jurisdictions , Judiciary
Contents:
1. Global Exception, Regional Norm
2. The Foreign Judges of the Pacific
3. The Regulation of Foreign Judges
4. The Significance of Nationality
5. Constitutional Adjudication
6. Judicial Impartiality and Independence
7. Representation
8. A Transnational Profession and Practice

Series: Hart Studies on Judging and the Courts

Foreign Judges in the Pacific (eBook) ISBN 9781509942879
Published December 2021
Hart Publishing
£37.79
(ePub)
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Judicial Dysfunction in Indonesia ISBN 9781509958863

Hart Publishing
Publication Abandoned