Foreign judges often face a challenge when interpreting a constitution in ways that respond to local context. That challenge can be overcome if due diligence is exercised by paying close attention to how the constitution is inherently intertwined with the customs of the land. Ultimately there is an expectation that precedents established by foreign judges should reflect the values of the Indigenous population in shaping the legal system. In many instances in Micronesia foreign judges did the opposite: they often brought with them assumptions that were contradictory to customary principles, and in the process contributed to the devaluation of customary practices as enshrined in the Constitution. The case of the Federated States of Micronesia illustrates the erosion of customary values as American judges asserted control over the legal system by importing American jurisprudential practices and treating customary law as inferior to black letter law. Today Micronesian judges are working towards striking the balance between black letter and Indigenous customary legal principles in adherence to Micronesia’s Constitution.

Papua New Guinea’s Constitution, made for its independence in 1975, provided the judiciary with broad, liberal powers to rectify the wrongs of colonialism, assist the country’s development, and meet the needs of a diverse people. This presents a challenge for judges, and particularly foreign judges, who are often unfamiliar with the constitutional history of Papua New Guinea or are reluctant to take an approach to judging that departs from the more conservative judicial roles preferred in their own jurisdictions. This chapter argues that foreign judges must adapt to their role as judges of Papua New Guinea, which requires relinquishing some of the biases and professional sensibilities ingrained from their training and experiences in other jurisdictions. It suggests that greater attention to the judicial ideology of foreign candidates, and prioritising recruits from jurisdictions with similar constitutional frameworks and colonial histories to Papua New Guinea, would help the judiciary to fulfil the transformative role envisaged for it by the Constitution.