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
- Adjudication, Accountability and Independence
- 20 Foreign Judging and Securing Judicial Independence in the Anglo Caribbean
- 21 Importing Justice
- 22 Foreign Judges on Domestic Courts in the MENA Region
- 23 Foreign Judges on the Gambian Bench
- 24 The Syariah Factor
- 25 Foreign Judges
- 26 Shaping the Legal Landscape
- Index
20 - Foreign Judging and Securing Judicial Independence in the Anglo Caribbean
from Adjudication, Accountability and Independence
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
- Adjudication, Accountability and Independence
- 20 Foreign Judging and Securing Judicial Independence in the Anglo Caribbean
- 21 Importing Justice
- 22 Foreign Judges on Domestic Courts in the MENA Region
- 23 Foreign Judges on the Gambian Bench
- 24 The Syariah Factor
- 25 Foreign Judges
- 26 Shaping the Legal Landscape
- Index
Summary
Foreign judging in the small jurisdictions in the Anglo Caribbean is ubiquitous and diverse. It is evident in extraterritorial and hybrid courts and a diverse group of foreign judicial officers. This chapter defines foreign judging to include intra- and extra-Caribbean personnel and institutions and complicates the image of the foreign judge as entirely an outsider. The chapter traces ways in which foreign judging has refined understandings of judicial independence in the Caribbean. It examines the dynamics of the two apex extraterritorial courts, one a surviving imperial court (the Judicial Committee of the Privy Council) and the other a more modern decolonisation-driven treaty-based court (the Caribbean Court of Justice). The chapter looks at how conceptions of judicial tenure until retirement are upended by mobile judges who serve consecutively or concurrently in more than one jurisdiction. It also explores how the stringent requirements for removal of a judge are recalibrated by the heightened scrutiny of judicial conduct in small jurisdictions.
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- The Cambridge Handbook of Foreign Judges on Domestic Courts , pp. 324 - 344Publisher: Cambridge University PressPrint publication year: 2023