Appointment of constitutional adjudicators in Africa: some perspectives on how different systems yield similar outcomes

Fombad, Charles Manga

doi:10.1080/07329113.2014.932961

Cited by 7 publications

(4 citation statements)

References 12 publications

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“…The analysis of network representation on Benin’s Constitutional Court bench empirically supports the importance of appointments to the highest courts. This is in line with earlier scholarly statements about the risks of one-sided politicised appointments in Africa (Adouki, 2013; Fombad, 2014). I have drawn attention to the balanced integration of the courts into relevant networks, acknowledging that ‘neutral’ judges may not exist, but equidistant benches may.…”

Section: Resultssupporting

confidence: 91%

“…What makes courts credible arbiters of political disputes and brings them into the position to facilitate or even foster the consolidation of unlikely democracies? Similar to other African scholars in the field of judicial politics who directly hold appointment practices responsible for the legitimation and functional performance of African courts (Adouki, 2013;Fombad, 2014), I argue that the representation of networks on the bench (see Dressel et al, 2018) critically affect the court's reputation and credibility. Due to the court's reputational decline in the recent past, the Constitutional Court of Benin (CCB) presents a pertinent case for empirically examining the link between (objective) network structures and (subjective) perceived credibility.…”

Section: Introductionmentioning

confidence: 60%

“…I have drawn attention to the balanced integration of the courts into relevant networks, acknowledging that ‘neutral’ judges may not exist, but equidistant benches may. Fombad (2014: 266), for instance, seeks an institutional solution that guarantees the appointment of ‘constitutional adjudicators that are competent, impartial and politically neutral but accountable’.…”

Section: Resultsmentioning

confidence: 99%

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Sustaining and jeopardising a credible arbiter: Judicial networks in Benin’s consolidating democracy

Stroh

2018

International Political Science Review

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Democracy greatly benefits from credible courts. If context conditions make democratic consolidation unlikely, as in many African countries, credible arbitration between political actors can be essential for democracy. This article argues that informal judicial networks can critically affect a court’s credibility. Network analysis of Benin’s Constitutional Court using original data on major politicians and all 25 judges who have served between 1993 and 2018 provides evidence that biased judicial networks can jeopardize the crucial role of courts for democratic consolidation. In Benin, the loss of credibility under the Yayi presidency correlates with a clear political representation bias on the constitutional bench whereas socio-cultural representation remained balanced. Since executive and legislative appointment practices account for the network balance or bias, the political creation and privation of informal judicial relations emerges as an interesting avenue for studies of democratic consolidation.

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Section: Resultssupporting

confidence: 91%

Section: Introductionmentioning

confidence: 60%

Section: Resultsmentioning

confidence: 99%

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Sustaining and jeopardising a credible arbiter: Judicial networks in Benin’s consolidating democracy

Stroh

2018

International Political Science Review

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“…This has notable consequences for how courts are configured, judicial independence and autonomy, levels of professionalism, judicial legitimacy, judicial reform and performance. The influence of informal networks on appointments, discipline and promotion might politicise judicial behaviour and heighten the likelihood of on-bench conflict (Fombad, 2014; Sanchez Urribarri, 2011). Patronage networks can undermine judicial integrity by facilitating promotion or otherwise rewarding ‘loyal’ judges (Gomez, 2011).…”

Section: The Effects Of Informal Relations and Networkmentioning

confidence: 99%

Courts and informal networks: Towards a relational perspective on judicial politics outside Western democracies

Dressel

Urribarri

Stroh

2018

International Political Science Review

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This special issue proposes a relational approach to the study of judicial politics outside of Western democracies. The articles illuminate how common political interests, ideas, social identity, family and professional ties and even patron-client obligations between judges and other actors shape a variety of phenomena of interest to the study of judicial institutions, in terms of how the judiciary is organised and administered, how judges are appointed and make decisions, and the prospects for judicial reform. Collectively, the articles explore the informal dimension of judicial politics in a systematic fashion, through rich empirical case studies in very different contexts. Thus, they help structure a new comparative agenda for research on informal judicial politics outside of the West.

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A comparative overview of recent trends in judicial appointments: selected cases from Africa

Fombad

2020

Canadian Journal of African Studies / Revue canadienne des étud

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Among all citizens, confidence in courts is weak, but African publics are nonetheless convinced of their legitimacy. Specifically:  Across 36 countries, a slim majority express confidence in the courts, but in 10 countries, 40% or fewer trust the courts. One in three respondents believe that "most" or "all" judges and magistrates engage in corruption.  Even so, 72% say courts have the right to make decisions that people always have to abide by.

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Appointment of constitutional adjudicators in Africa: some perspectives on how different systems yield similar outcomes

Cited by 7 publications

References 12 publications

Sustaining and jeopardising a credible arbiter: Judicial networks in Benin’s consolidating democracy

Sustaining and jeopardising a credible arbiter: Judicial networks in Benin’s consolidating democracy

Courts and informal networks: Towards a relational perspective on judicial politics outside Western democracies

A comparative overview of recent trends in judicial appointments: selected cases from Africa

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