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
26 - Shaping the Legal Landscape
Foreign Judges in the Federated States of Micronesia
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 judges often face a challenge when interpreting a constitution in ways that respond to local context. That challenge can be overcome if due diligence is exercised by paying close attention to how the constitution is inherently intertwined with the customs of the land. Ultimately there is an expectation that precedents established by foreign judges should reflect the values of the Indigenous population in shaping the legal system. In many instances in Micronesia foreign judges did the opposite: they often brought with them assumptions that were contradictory to customary principles, and in the process contributed to the devaluation of customary practices as enshrined in the Constitution. The case of the Federated States of Micronesia illustrates the erosion of customary values as American judges asserted control over the legal system by importing American jurisprudential practices and treating customary law as inferior to black letter law. Today Micronesian judges are working towards striking the balance between black letter and Indigenous customary legal principles in adherence to Micronesia’s Constitution.
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- Information
- The Cambridge Handbook of Foreign Judges on Domestic Courts , pp. 447 - 462Publisher: Cambridge University PressPrint publication year: 2023