Overview

This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its own transferrable judicial skills and values. Foreign Judges in the Pacific sheds light on the widespread but often unarticulated assumptions about the significance of nationality to the functions and qualities of constitutional judges. It shows how the nationality of judges matters, not only for the legitimacy and effectiveness of the Pacific courts that use foreign judges, but for legal and theoretical scholarship on courts and judging.

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9781509942909

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Reviews

Anna Dziedzic's well-researched study provides important insights not only into its express topic, described in its title, but also into broad questions about constitutional law and theory. Though the practice she analyzes is interesting but might seem of limited scope, in fact her arguments lead the reader to think more about what exactly constitutional interpretation is and how it relates to a nation's people. --Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School

Anna Dziedzic’s well-researched study provides important insights not only into its express topic, described in its title, but also into broad questions about constitutional law and theory. Though the practice she analyzes is interesting but might seem of limited scope, in fact her arguments lead the reader to think more about what exactly constitutional interpretation is and how it relates to a nation’s people. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School * In this insightful and important book, Anna Dziedcic examines the role of foreign judges in a range of Pacific jurisdictions, and the factors influencing the legitimacy and effectiveness of this form of ‘outsider’ constitutional influence. Wide-ranging in scope, nuanced and thoughtful in approach, it should be compulsory reading for anyone interested in constitutionalism in the Pacific, small states and the Global South, and for those interested in how we can realize commitments to judicial independence and effectiveness in these contexts. * Rosalind Dixon, Professor of Law, at the University of New South Wales * In a world in which the judicial role in upholding the rule of law and democratic values is increasingly contested, Anna Dziedzic’s book opens the door to a fresh set of dynamics. Her nuanced, perceptive, and knowledgeable study of the complexities surrounding the role of non-citizen judges in the highest courts of nine Pacific states advances the limits of scholarship in an exemplary fashion. This book also stimulates critical analysis of the tensions surrounding the constitutional democratic model in often challenging conditions. I highly recommend it. * Hugh Corder, Professor of Public Law at the University of Cape Town, South Africa * In this fascinating and lucidly written book, Anna Dziedzic interrogates the practice of relying on judges who hail from other lands to adjudicate domestic constitutional cases. She enables readers to appreciate the influence that such foreign judges may bring to bear on processes of constitutional justice, and in doing so significantly advances our understanding of the reach and implications of judicial globalisation. Dziedzich also deserves to be commended for focusing her study on the Pacific, showcasing how this region offers sites and themes that can help advance the field of comparative constitutional studies as a whole * Maartje De Visser, Assistant Professor of Law at the Singapore Management University, Singapore * Anna Dziedzic’s Foreign Judges in the Pacific is a must read for anyone interested in comparative constitutional law, court practice, legal theory and/or the legal facets of development aid programmes. Through a masterful combination of empirical research and legal analysis, the book sheds light on the largely underexplored (even if not uncommon) practice of appointing foreign judges to domestic courts, offering an in-depth and well-sourced discussion of the challenges and opportunities that come with it in terms of judicial independence, impartiality, representation, transnational knowledge reach and local knowledge gaps. The book’s focus on the Pacific broadens the horizon of existing comparative legal research, while providing useful insights for the use of foreign judges in domestic courts elsewhere in the world. The author more than meets her promise to help understanding the contemporary role of judges and the judiciary under conditions of globalisation. * Patrícia Jerónimo, Law Professor, University of Minho, Portugal, former Visiting Lecturer at UNTL (National University Timor Lorosae), Dili, Timor-Leste *

Anna Dziedzic's well-researched study provides important insights not only into its express topic, described in its title, but also into broad questions about constitutional law and theory. Though the practice she analyzes is interesting but might seem of limited scope, in fact her arguments lead the reader to think more about what exactly constitutional interpretation is and how it relates to a nation's people. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School *

Author Information

Anna Dziedzic is Global Academic Fellow, Law Faculty, University of Hong Kong, Hong Kong.

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