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Zusatztext Anna Dziedzic’s Foreign Judges in the Pacific is a must read for anyone interested in comparative constitutional law, court practice, legal theory and/or the legal facets of development aid programmes. Through a masterful combination of empirical research and legal analysis, the book sheds light on the largely underexplored (even if not uncommon) practice of appointing foreign judges to domestic courts, offering an in-depth and well-sourced discussion of the challenges and opportunities that come with it in terms of judicial independence, impartiality, representation, transnational knowledge reach and local knowledge gaps. The book’s focus on the Pacific broadens the horizon of existing comparative legal research, while providing useful insights for the use of foreign judges in domestic courts elsewhere in the world. The author more than meets her promise to help understanding the contemporary role of judges and the judiciary under conditions of globalisation. Informationen zum Autor Anna Dziedzic is Global Academic Fellow, Law Faculty, University of Hong Kong, Hong Kong. Klappentext 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. Vorwort This highly original study provides fascinating insights into how nationality impacts on judges, judging and the courts. Zusammenfassung 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 constitut...
