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Judicial Activism and Off-Bench Behaviour: The Role of Legal Traditions

Because African courts' decisions have important implications for democracy and stability, scholars have sought to identify the factors that shape judicial behavior and explain why, in some countries, courts assert themselves, while, in others, courts remain under the influence of powerholders.

Despite establishing a clear link between judicial networks (local, regional, and international) and assertiveness, we still do not know to what extent judges engage with such networks and how it affects their decision-making process. To address this gap, Dr. Gerzso and Professor Lynch (University of Warwick) are interested in exploring how the institutional structures inherited from the legal traditions imported during the colonial era (e.g., common law v. civil law) shape judges’ ability and motivation to participate in judicial networks by interviewing judges and their close observers in Benin, Kenya, Zambia, and Senegal. This two year long project forms part of ongoing work by Dr Gerzso on judicial independence and Prof Lynch on judges’ off-bench activities and is funded by the British Academy.