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Foreign Judges in the Pacific (Paperback)
Loot Price: R1,426
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Foreign Judges in the Pacific (Paperback)
Series: Hart Studies on Judging and the Courts
Expected to ship within 9 - 15 working days
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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.
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