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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

Anna Dziedzic
Affiliation:
University of Melbourne
Simon N. M. Young
Affiliation:
The University of Hong Kong
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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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Publisher: Cambridge University Press
Print publication year: 2023

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