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13 - Foreign Judges on Domestic and Regional Courts

The Difference between What Matters and What Seems to Matter

from First-Hand Accounts

Published online by Cambridge University Press:  26 October 2023

Anna Dziedzic
Affiliation:
University of Melbourne
Simon N. M. Young
Affiliation:
The University of Hong Kong
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Summary

The Caribbean Community (CARICOM) has two regional court systems, the Eastern Caribbean Supreme Court and the Caribbean Court of Justice. A product of political and economic integration, each court has taken a different evolutionary path resulting in different constitutional arrangements, but neither make nationality a criterion for appointment to judicial office. This chapter considers the concept of ‘foreignness’ in relation to these two regional Caribbean courts. It draws on the results of structured interviews with judicial officers and attorneys from across the region to analyse perceptions about the significance of judges’ nationality to the quality of judging and public expectations. The findings suggest that – in the Caribbean context which is shaped by regionalism, small communities and the legacies of colonialism – nationality does not matter as much as the impartiality, competency, and efficiency of the judge.

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Publisher: Cambridge University Press
Print publication year: 2023

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