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Judges’ Off-Bench Activities: Evidence and Theory on Judicial Politics from Africa.

Project description

How judges shape democracy outside the courtroom

Courts speak through their rulings. Yet, much of a judge’s real power is wielded far from the bench, in keynote speeches, private commissions, diplomatic circles, and quiet interventions that never appear in a legal transcript. In fragile democracies, these ‘off-bench’ activities shape public trust and the rule of law. The ERC-funded Off-Bench project aims to investigate what judges do in their downtime and why it matters. Specifically, it will study the situation in Kenya and Zambia, alongside comparative work across five other countries. The findings are expected to shed light on the role of judges as influential political actors whose reach extends deep into the fabric of society.

Objective

Off-Bench adopts an innovative approach to the study of judges and judicial politics. Rather than focusing on judicial rulings (the mainstay of academic study) it undertakes the first systematic study of what judges do outside of their courtrooms as part of their official duties and public engagements (hereon off-bench activities), why, and with what impact. This politics project adopts this approach for five reasons: off-bench activities are inherently political; judges engage in a wider range of off-bench activities than has hitherto been recognised; what judges do off-bench is highly revealing of their role understandings; what judges do off-bench matters for the roles that they play both on and off the bench; and judges are critical political actors who can help to promote or undermine the rule of law, accountability, and human rights. The project focuses on contemporary Africa as a most likely case for such off-bench significance and to build theory from the Global South. To facilitate the complex mix of qualitative and quantitative research required to map and then analyse off-bench activities the project will undertake extensive research in two countries. Kenya and Zambia are selected as most similar cases that display different levels of off-bench activism and judicial independence. To test theory developed and evaluate the broader applicability of findings the project will conduct additional research in five ancillary cases – Ghana, Rwanda, Senegal, South Africa, and Uganda – selected for differences in levels of authoritarianism, conflict, and off-bench activities, and common and civil law traditions. This ambitious project will transform how we study and understand the political role, strategies, and significance of this critical democratic actor and make ground-breaking contributions to our understanding of African politics, institutional theory, and role of performance in politics and inform and enhance judicial reform and democracy support efforts.

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(opens in new window) ERC-2024-ADG

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Host institution

UNIVERSITY OF WARWICK
Net EU contribution

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€ 1 852 797,50
Address
KIRBY CORNER ROAD UNIVERSITY HOUSE
CV4 8UW COVENTRY
United Kingdom

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Region
West Midlands (England) West Midlands Coventry
Activity type
Higher or Secondary Education Establishments
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Total cost

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Beneficiaries (4)

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