The Cambridge Handbook of Foreign Judges on Domestic Courts

Foreign judges sit on domestic courts in over fifty jurisdictions worldwide, providing a global comparative study of this long-standing practice. Chapters by scholars and judges examine the notion and relevance of foreignness, rationales for foreign judges, and implications for judicial identity, adjudication, independence, and accountability.

Format: Hardback
Length: 540 pages
Publication date: 09 November 2023
Publisher: Cambridge University Press

Foreign judges preside over domestic courts in over fifty jurisdictions worldwide, serving on various types of courts, including ordinary, apex, and constitutional courts, as well as specialized courts such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first comprehensive comparative study of this long-standing, diverse, and evolving practice, spanning from colonial precedents to new forms of foreign judging in contemporary globalized conditions. Chapters authored by scholars of law, politics, and history, along with reflections by judges themselves, offer detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East, and the Pacific. The chapters delve into the concept and relevance of foreignness, the rationales behind appointing foreign judges, and the implications for judicial identity, adjudication, independence, and accountability. By focusing on an understudied issue primarily prevalent in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands our knowledge about courts and judges.

Foreign judges preside over domestic courts in over fifty jurisdictions worldwide, serving on various types of courts, including ordinary, apex, and constitutional courts, as well as specialized courts such as international commercial courts and hybrid criminal tribunals. This Handbook presents the first comprehensive comparative study of this long-standing, diverse, and evolving practice, spanning from colonial precedents to new forms of foreign judging in contemporary globalized conditions. Chapters authored by scholars of law, politics, and history, along with reflections by judges themselves, offer detailed information and critical analysis of foreign judging across Africa, Asia, the Caribbean, Europe, the Middle East, and the Pacific. The chapters delve into the concept and relevance of foreignness, the rationales behind appointing foreign judges, and the implications for judicial identity, adjudication, independence, and accountability. By focusing on an understudied issue primarily prevalent in small states and jurisdictions of the Global South, this Handbook challenges assumptions and expands our knowledge about courts and judges.

ISBN-13: 9781009098786