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Informal Networks and Judicial Autonomy: Explaining Judges’ off-bench Mobilisation in Zambia and Malawi

Africa
Democratisation
Elites
Courts
Jurisprudence

Abstract

As political elites, judges are embedded in domestic networks linking them to powerful business and political interests. But judges are also simultaneously embedded in multiple other ‘clientelistic’ networks, such as international donors, intellectuals, civil society, professional organizations, among others. The theoretical literature on the relationship between clientelist networks and the political and economic development of the African state is ambiguous. This paper seeks to understand the potential tensions between competing networks of elites by asking: When and how do judges resist off-bench through mobilization of informal networks and, when and where do they appear to acquiesce to political interference? Based on interview data with judges, media reports and longitudinal analysis of judicial decisionmaking, three explanatory variables will be tested through a paired comparison of post-transition Malawi and Zambia: 1. Role of judicial leadership; 2. Level of internationalization among judges and, 3. The domestic reputation of the judges.