The Judge in an Evolving Society
Robin Cooke, "The Judge in an Evolving Society" (1995) 28(2) HKLJ 145
Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 54/2017
9 Pages Posted: 23 Oct 2014 Last revised: 26 Mar 2017
Date Written: October 23, 2014
Abstract
This is the text of Lord Cooke’s address to Hong Kong’s judges and judicial officers in 1997. Lord Cooke begins by reflecting on his experience as a judge in several jurisdictions: New Zealand, the United Kingdom, Samoa, Fiji and Hong Kong. The problems may be different but the role of the judge is, or should be, almost the same everywhere. The role of the judge is not to mould society, but to play an identifying and balancing function in resolving disputes. Drawing on his experience in different jurisdictions, Lord Cooke identifies three main areas that demonstrate the development of a “common law of the world”. These areas are: first, the use by national courts of overseas precedents; secondly, the development of general principles of international commercial law; and thirdly, the strengthening of international human rights. Lord Cooke comments on these areas in light of Hong Kong constitutional change from British to Chinese governance, and concludes with the observation that Hong Kong may be a “pioneering bridge between western and eastern legal systems”.
Note: Abstract by Elizabeth Chan
Keywords: Lord Cooke, a common law of the world, judging, judicial role, judges, Hong Kong, comparative law.
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