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25 - Foreign Judges

Adjudicating Papua New Guinea’s ‘Home-Grown’ Transformative Constitution

from Adjudication, Accountability and Independence

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
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Summary

Papua New Guinea’s Constitution, made for its independence in 1975, provided the judiciary with broad, liberal powers to rectify the wrongs of colonialism, assist the country’s development, and meet the needs of a diverse people. This presents a challenge for judges, and particularly foreign judges, who are often unfamiliar with the constitutional history of Papua New Guinea or are reluctant to take an approach to judging that departs from the more conservative judicial roles preferred in their own jurisdictions. This chapter argues that foreign judges must adapt to their role as judges of Papua New Guinea, which requires relinquishing some of the biases and professional sensibilities ingrained from their training and experiences in other jurisdictions. It suggests that greater attention to the judicial ideology of foreign candidates, and prioritising recruits from jurisdictions with similar constitutional frameworks and colonial histories to Papua New Guinea, would help the judiciary to fulfil the transformative role envisaged for it by the Constitution.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • Foreign Judges
  • Edited by Anna Dziedzic, University of Melbourne, Simon N. M. Young, The University of Hong Kong
  • Book: The Cambridge Handbook of Foreign Judges on Domestic Courts
  • Online publication: 26 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009106238.025
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  • Foreign Judges
  • Edited by Anna Dziedzic, University of Melbourne, Simon N. M. Young, The University of Hong Kong
  • Book: The Cambridge Handbook of Foreign Judges on Domestic Courts
  • Online publication: 26 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009106238.025
Available formats
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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.

  • Foreign Judges
  • Edited by Anna Dziedzic, University of Melbourne, Simon N. M. Young, The University of Hong Kong
  • Book: The Cambridge Handbook of Foreign Judges on Domestic Courts
  • Online publication: 26 October 2023
  • Chapter DOI: https://doi.org/10.1017/9781009106238.025
Available formats
×