Relations Between Top Courts and Supra-National Courts

Shetreet, Shimon

doi:10.1163/9789004307087_016

Cited by 3 publications

(2 citation statements)

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“…47 Indeed, the principle of fair reflection has emerged in opposition to the prevailing orthodoxy of judicial appointments in numerous countries, which led to a 'narrow social, ideological, or geographical background of judges'. 48 Certainly this has been the experience in Australia, 49 and other countries. 50 This role model rationale is intuitive but deficient for it ignores the agency of the nontraditional judge.…”

Section: What Does the Principle Of "Fair Reflection" Require?mentioning

confidence: 93%

“…In the UK, by convention at least one judge from Scotland and one from Northern Ireland always sat on the House of Lords, the former ultimate appellate court. 71 The Supreme Court of the United Kingdom, the successor to the House of Lords, appears to operate under a similar convention. Australia has also flirted with the idea of requiring a geographic balance in its ultimate court.…”

Section: Application Of the Principle In Municipal Lawmentioning

confidence: 99%

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Towards a Principled Justification for the Mixed Composition of Hybrid International Criminal Tribunals

Hobbs¹

2016

Leiden Journal of International Law

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The justification for a majority of international judges sitting on hybrid international criminal tribunals is tremendously undertheorized. At present, policymakers must rely on base pragmatic considerations that allege that local judges are either too incapable or too corrupt. This may or may not be true. It is, however, certainly unattractive and inadequate as an argument. In this article, I sketch out a principled theoretical argument defending internationalization of hybrid tribunals. Drawing on debates in municipal jurisdictions on the principle of fair reflection, my principled justification centres on institutional and sociological legitimacy. As international crimes strike at two societies – the local and the global – hybrid tribunals should be composed of both international and local judges. In principle, the severity of international crimes dictates that international judges should predominate. However, peculiar contextual factors may suggest moderating the principle of fair reflection in appropriate circumstances.

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Section: What Does the Principle Of "Fair Reflection" Require?mentioning

confidence: 93%

Section: Application Of the Principle In Municipal Lawmentioning

confidence: 99%