2 - My Reflections as a Foreign Judge in the Commonwealth

Summary

Judges are a symbol of a nation’s resolve to be governed under the rule of law. Where a country is unable to appoint judges from among its citizens, it may look to recruit judges from outside, in the confidence that irrespective of where judges are trained, they possess the requisite standards of professionalism, integrity, expertise and impartiality to engender, protect and promote the rule of law. Employing the technique of personal narrative as legal theorising, this chapter discusses my experiences as a judge in four Commonwealth jurisdictions – Ghana, The Gambia, Eswatini and the Turks and Caicos Islands – and outlines the political climate, the structure and functions of the judiciary, the challenges faced, and the benefits foreign judicial service bring to the jurisdictions in which they work. The chapter also suggests ways in which jurisdictions can ensure that expertise is effectively transferred in order to end their dependence on foreign judges.