Book contents
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- Copyright page
- Contents
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Instruments
- Abbreviations
- 1 An Introduction to Foreign Judges on Domestic Courts
- Part I Rationales, Motivations and Design
- Part II Implications and Impact
- First-Hand Accounts
- Judicial Identity and the Judicial Role
- 16 Colonial-Era Mixed Courts, the Compensation of Foreigners for Wrongful State Acts and the Emergence of International Judges as Guarantors of Individual Rights
- 17 Forging a Judicial Identity
- 18 Domestic Criticisms of Foreign Judges
- 19 Judicial Mobilities
- Adjudication, Accountability and Independence
- Index
18 - Domestic Criticisms of Foreign Judges
The Case of Hong Kong
from Judicial Identity and the Judicial Role
Published online by Cambridge University Press: 26 October 2023
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- The Cambridge Handbook of Foreign Judges on Domestic Courts
- Copyright page
- Contents
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of Legislation
- Table of International Instruments
- Abbreviations
- 1 An Introduction to Foreign Judges on Domestic Courts
- Part I Rationales, Motivations and Design
- Part II Implications and Impact
- First-Hand Accounts
- Judicial Identity and the Judicial Role
- 16 Colonial-Era Mixed Courts, the Compensation of Foreigners for Wrongful State Acts and the Emergence of International Judges as Guarantors of Individual Rights
- 17 Forging a Judicial Identity
- 18 Domestic Criticisms of Foreign Judges
- 19 Judicial Mobilities
- Adjudication, Accountability and Independence
- Index
Summary
This chapter discusses three common criticisms of using foreign judges on domestic courts. First, that the foreign judge, ignorant of local laws, customs and circumstances, will reach decisions that are legally wrong, assertive of colonial values and principles, or simply unacceptable to members of the local community. Second, the foreign judge, not being a citizen or resident of the local jurisdiction, has divided patriotic ties rendering him or her ill-suited to consider questions of constitutional significance, national security or foreign affairs. Third, the expertise of the foreign judge is no longer needed as there is already abundant domestic legal expertise. The chapter responds and reflects upon these criticisms in the context of the evolving system of overseas non-permanent judges of Hong Kong’s Court of Final Appeal since 1997.
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- The Cambridge Handbook of Foreign Judges on Domestic Courts , pp. 284 - 299Publisher: Cambridge University PressPrint publication year: 2023