Several divided societies have reserved places for foreign judges on their constitutional courts. Drawing on quantitative evidence and elite interviews from Bosnia-Herzegovina, this paper considers both the intended and unintended consequences of this practice. First, the paper considers if a coherent theory for the practice can be gleaned from either constitutional structure and/or the subjective...
CONSTITUTIONAL COURTS AND ‘FOREIGN’ JUDGING
The traditional model of constitutional judge is a local citizen and resident, and an individual appointed for life, until a certain age, or a non-renewable fixed term. Not all judges, however, conform to this archetype: judges in a surprisingly large number of countries are in fact foreign citizens and residents. Many of these – and...
Foreign judges on constitutional courts: Global insights from Pacific experience
Foreign judges sit on courts of constitutional jurisdiction in more than 30 independent states across the world. The practice is particularly prevalent in the Pacific. Over the past 15 years, 187 foreign judges have served on the courts of constitutional jurisdiction in Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu....
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Foreign judges play an important role in the constitutional or apex courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to this phenomenon of “internationalized“ or “hybrid“ constitutional courts. This article thus addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential...
Temporary Judicial Officers: Best Practice in Comparative Perspective
The appointment of Temporary Judicial Officers can arouse strong opinions. In Australia, Justice Kirby of the High Court has asserted that the ‘time has come … to draw a line and forbid the practice‘. At the same time, most jurisdictions recognise the need for such appointments to assist the courts in significant ways. In this...