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

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.