Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-25T09:13:56.123Z Has data issue: false hasContentIssue false

1 - An Introduction to Foreign Judges on Domestic Courts

Published online by Cambridge University Press:  26 October 2023

Anna Dziedzic
Affiliation:
University of Melbourne
Simon N. M. Young
Affiliation:
The University of Hong Kong
Get access

Summary

Foreign judges sit on domestic courts in over 50 jurisdictions across the world. The practice raises underexplored questions about the significance of foreignness and mobility to the judicial role. This chapter draws on the contributions to The Cambridge Handbook of Foreign Judges on Domestic Courts to set out a framework for analysing the phenomenon of foreign judging and its legitimacy and effectiveness. Drawing on various incidents of foreign judging, it disaggregates five rationales for the use of foreign judges on domestic courts: necessity, institution building, distance, expertise and reputation. It identifies size, the domestic legal system, and the degree of international involvement as factors that make some jurisdictions more receptive than others to foreign judges. The chapter canvasses the implications of foreign judging for the identity and role of the judge, judicial independence and accountability, and adjudication and the development of the law. The experiences of jurisdictions across the globe suggest that foreign judging is a diverse phenomenon which will continue to evolve in contemporary conditions of globalisation.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×