"Doctoral Dissertation Research: Building the Rule of Law and Judicial Independence in Sub-Saharan Africa: the Cases of Malawi, Tanzania, and Uganda." SES--0617472
This project will explain and analyze the conditions under which judicial independence and assertiveness are rendered possible. While important insights on judicial decision-making have been derived by judicial scholars in the U.S., to date, these theories have not been tested within sub-Saharan Africa. Furthermore, democratization scholars have overwhelmingly failed to incorporate important findings related to judicial independence and decision-making into their theories on democratization. This research will address these deficits through an in-depth, longitudinal comparative case study of Malawi, Uganda and Tanzania. The study examines judicial independence in these three transitional democracies by addressing two key questions. 1) Do judges adjust their decision-making according to the perceived threat level of current and future political environments? 2) Is a competitive multiparty democracy a necessary condition for judicial independence? The study will be conducted using qualitative methods, analyzing data collected both in the field and in the U.S. The primary source of data will be court cases selected from national law reports. This will be supplemented by newspaper and interview data. It is the assumption of this study, that an independent and empowered judiciary is central to the development of the rule of law.
The terms 'good governance' and 'rule of law' have become de rigueur amongst policy actors. From the World Bank to USAID, international actors now understand that the rule of law is critical to economic development in the third world. It is essential to the maintenance of horizontal accountability, protecting human rights, addressing corruption and is fundamental in order to attract foreign direct investment. However, one cannot simply tell countries that the 'rule of law' must be present, we have to understand the ways and conditions under which the rule of law functions and is created. This must begin with a critical examination of judicial decision-making and independence.
The broader impact of this research is that it will shed light on what judicial independence means to citizens of Malawi, Tanzania, and Uganda, and will in turn enlighten U.S. judicial scholars about the contours of judicial independence in West Africa. The study will also inform U.S. scholars about the role of institutions, such as courts, democratization in African countries.
