The use of foreign judges on courts of constitutional jurisdiction in Pacific island states

Abstract

The global norm is that, by law or by practice, the judges on courts of constitutional jurisdiction will be citizens of the state they serve. However, in the nine independent states of Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu, as in other parts of the world, foreign judges regularly sit on the highest domestic courts. This thesis examines the implications of the use of foreign judges for constitutional adjudication, judicial independence, and the role of judges and judiciaries in Pacific constitutional systems. The thesis presents the findings of an original empirical study of the numbers of foreign judges serving in the Pacific, their natio..