قاضیان خارجی در اقیانوس آرام (مطالعات هارت در قضاوت و دادگاه‌ها)

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. This book explores the use of foreign judges on courts of constitutional jurisdiction in nine Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. 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 also for legal and theoretical scholarship on courts and judging. Hart Studies on Judging and the Courts: Volume 2 Acknowledgements Table of Contents Table of Cases Table of Legislation Currency of Law 1. Global Exception, Regional Norm I. Foreign Judges and Courts of Constitutional Jurisdiction II. An Underexplored Phenomenon III. An Overlooked Region IV. Methodology, Approach and Outline of the Argument 2. The Foreign Judges of the Pacific I. Introduction II. Methodology III. Number and Proportion of Foreign Judges IV. Different Kinds of Judicial Service V. Who Serves as a Foreign Judge in the Pacific? VI. Localisation VII. Conclusion 3. The Regulation of Foreign Judges I. Introduction II. Selection and Appointment III. Remuneration IV. Tenure V. Removal VI. Conduct of Hearings VII. Conclusion 4. The Significance of Nationality I. Introduction II. Nationality, Citizenship and Foreignness III. Knowledge IV. Membership V. Identity VI. Conclusion 5. Constitutional Adjudication I. Introduction II. Two Dimensions of Knowledge III. Transnational Knowledge Reach IV. Local Knowledge Gaps V. The Role of Local Judges in Bridging the National and Transnational VI. Conclusion 6. Judicial Impartiality and Independence I. Introduction II. Assessing Judicial Impartiality and Independence III. Impartiality IV. Independence V. Conclusion 7. Representation I. Introduction II. How are Judges and Judiciaries Representative? III. Formal Representation: Authorisation and Accountability IV. 'Acting for' Representation: What Guides Foreign Judges' Decisions? V. Descriptive Representation: Foreign Judges and a Reflective Judiciary VI. Conclusion 8. A Transnational Profession and Practice I. Introduction II. Rationale III. Legitimacy IV. Good Practice Initiatives V. Global Significance Bibliography Index "This book explores the use of foreign judges on courts of constitutional jurisdiction in the Pacific. 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 adjudicate questions of constitutional, legal and social importance. This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. The book focuses on the use of foreign judges in the nine independent Commonwealth states of the Pacific: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication and face distinctive burdens on their independence. It argues that nationality serves to connect judges to the people and the state, such that foreign judges are not readily understood as representatives of the people or the state, but rather as representatives of a profession. Foreign Judges in the Pacific sheds light on 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 Pacific courts that use foreign judges but for legal and theoretical scholarship on courts and judging."-- "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"-- Provided by publisher