Foreign Judges: Pacific Practice and Global Insights

Commonwealth Judicial Journal (Journal of the Commonwealth Magistrates' and Judges' Association) Vol 24 No 2, pp 26-29, December 2019

University of Hong Kong Faculty of Law Research Paper No. 2020/020

6 Pages Posted: 12 May 2020 Last revised: 21 May 2020

See all articles by Anna Dziedzic

Anna Dziedzic

The University of Hong Kong - Faculty of Law; University of Melbourne - Melbourne Law School

Date Written: October 14, 2019

Abstract

The use of foreign judges is an exceptional phenomenon in world experience. That judges, particularly on a state’s highest courts, will be citizens is often taken for granted in academic and practice-oriented literature on judging. However, foreign – or non-citizen – judges sit on domestic courts in over 30 jurisdictions across the world. Given the majority of these jurisdictions are Commonwealth states in Africa, the Caribbean and the Pacific, readers of the Commonwealth Judicial Journal might be one of the rare audiences for whom the use of foreign judges is a familiar practice. The use of foreign judges is a largely under-studied phenomenon. It raises a host of practical and theoretical questions. Just how does foreign judging work in practice? How might the constitutional and judicial systems of states accommodate the use of foreign judges? To what extent, if at all, does the nationality of the judges on a domestic court matter? This short article outlines some responses to these questions, drawing on insights from the practice of foreign judging in Pacific island states.

Keywords: Foreign Judges, Judiciary, Pacific States

Suggested Citation

Dziedzic, Anna, Foreign Judges: Pacific Practice and Global Insights (October 14, 2019). Commonwealth Judicial Journal (Journal of the Commonwealth Magistrates' and Judges' Association) Vol 24 No 2, pp 26-29, December 2019, University of Hong Kong Faculty of Law Research Paper No. 2020/020, Available at SSRN: https://ssrn.com/abstract=3578299 or http://dx.doi.org/10.2139/ssrn.3578299

Anna Dziedzic (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

University of Melbourne - Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

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