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
- Domestic Drivers
- International Influences
- 7 Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo‘Mission Impossible’?
- 8 A Judiciary ‘Suspended’ in Transition? A Case Study of Portuguese Judges in East Timor
- 9 Foreign Judges in International Corruption Missions in Central America
- 10 Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges
- Part II Implications and Impact
- Index
7 - Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo‘Mission Impossible’?
from International Influences
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
- Domestic Drivers
- International Influences
- 7 Foreign Judges in the Constitutional Courts of Bosnia-Herzegovina and Kosovo‘Mission Impossible’?
- 8 A Judiciary ‘Suspended’ in Transition? A Case Study of Portuguese Judges in East Timor
- 9 Foreign Judges in International Corruption Missions in Central America
- 10 Mixed Composition in International Criminal JusticeHistory, Justifications and Challenges
- Part II Implications and Impact
- Index
Summary
The presence of foreign judges on the Constitutional Courts of Bosnia-Herzegovina and Kosovo is due to the existence of ethnic conflicts and societal divisions which resulted in the internationalisation of their constitutions and centralised constitutional courts. This chapter examines whether and to what extent the presence of foreign judges on these constitutional courts has met the rationale of helping to end or pacify the ethnic conflicts. It compares the influence of foreign judges on adjudication and constitutional law, and their contribution to the legitimacy of the courts in the eyes of the public and political actors. Differences between the working conditions of each court, degree of judicial activism, and the distribution of legitimacy between the court itself and the foreign judges, arise in each context, but the analysis ultimately suggests that the appointment of foreign judges to resolve ethnic conflicts is a ‘mission impossible’.
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- Information
- The Cambridge Handbook of Foreign Judges on Domestic Courts , pp. 103 - 123Publisher: Cambridge University PressPrint publication year: 2023