Overview

Foreign judges sit on domestic courts in over fifty jurisdictions worldwide. They serve on ordinary courts, including apex and constitutional courts, as well as specialist courts, such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first global comparative study of this long-standing, diverse and evolving practice, from colonial precedents to new forms of foreign judging in contemporary conditions of globalisation. Chapters by scholars of law, politics and history, and reflections by judges themselves, provide detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East and the Pacific. The chapters examine the notion and relevance of foreignness, rationales for foreign judges, and the implications for judicial identity, adjudication, independence and accountability. Focusing on an underexplored issue that features mainly in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands knowledge about courts and judges.

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9781009098786

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Anna Dziedzic is an early career scholar who has completed post-doctoral fellowships at Melbourne Law School and the University of Hong Kong. She researches comparative constitutional law and judicial studies, with a focus on the Pacific region. Her first book, Foreign Judges in the Pacific, was published in 2021. Simon N. M. Young is Associate Dean (Research) in the Faculty of Law, The University of Hong Kong, and a practising barrister with Parkside Chambers. He has written on many aspects of Hong Kong's post-1997 constitutional order in relation to national security, criminal justice, human rights, the judiciary, and elections.

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