4 - Foreign Judges in Liechtenstein’s Courts

Summary

There is a long tradition of foreign judges serving in Liechtenstein courts. Until 1918, the higher courts had their seat not in Liechtenstein but in Austria. The Constitution of 1921 required that all courts be situated in Liechtenstein, but also institutionalised the participation of foreign judges in Liechtenstein’s courts. Foreign judges are recruited exclusively from Austria and Switzerland, reflecting the strong influences that those legal systems have had on the development of Liechtenstein’s own laws and judicial system. This chapter places the use of foreign judges in the context of Liechtenstein’s history and economy before examining the role of foreign judges in Liechtenstein’s legal system. It shows how foreign judges have influenced and shaped the law, through the interpretation of received laws, the development of legal doctrine and the evolution of rights jurisprudence.