The Way We Do Things Back Home: Do Expatriate Judges Preferentially Cite the Jurisprudence of Their Home Countries?
Smith, Stephen
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Cite this item:
Smith, SE (2013). The way we do things back home: Do expatriate judges preferentially cite the jurisprudence of their home countries? Oxford University Commonwealth Law Journal, 13:331–345. doi: 10.5235/14729342.13.2.331.
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/9151
Abstract:
This study considers ‘expatriate model’ judicial systems, whereby some or all of the judges that sit on a country’s courts are nationals of a foreign state. The author explores whether these foreign judges ‘favour’ their home jurisdiction by inflating the number of citations to judgments of the courts of their home countries. The study focuses on the citations of Commonwealth judges from England, Australia, New Zealand, Canada, and the United States, in the courts of eight pacific states: Fiji, Kiribati, Nauru, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. The study concludes that the nationality of an expatriate judge does have some effect on the nationality of the foreign case law that they tend to cite.
Date:
2013
Publisher:
Oxford University Press
Pages:
331-345
Keywords:
Expatriate Judicial Systems; Fiji; Kiribati; Nauru; Samoa; Solomon Islands; Tonga; Tuvalu; Vanuatu; Foreign Case Law
Research Type:
Journal Article
Languages:
English
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