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1. Informal Interference in the Judiciary in New Democracies: A Comparison of Six African and Latin American Cases

Author:
Mariana Llanos, Alexander Stroh, Cordula Tibi Weber, and Charlotte Heyl
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on perceptions recorded in interviews, then applies the strategy to six third-wave democracies, three in Africa (Benin, Madagascar and Senegal) and three in Latin America (Argentina, Chile and Paraguay). It also examines how three conditioning factors affect the level of informal judicial interference: formal rules, previous democratic experience, and socioeconomic development. Our results show that countries with better performance in all these conditioning factors exhibit less informal interference than countries with poorer or mixed performance. The results stress the importance of systematically including informal politics in the study of judicial politics.
Topic:
Democratization, Development, Power Politics, and Law
Political Geography:
Africa, Argentina, Latin America, and Tamil Nadu

2. Crafting Political Institutions in Africa. Electoral Systems and Systems of Government in Rwanda and Zambia Compared

Author:
Alexander Stroh
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
Scholars of institutional design attribute large importance to the choice of new institutions. The comparative analysis of how Rwanda and Zambia crafted their new electoral systems and the systems of government regards procedural, structural and rational choice variables which may influence the option for particular solutions. External influences and the type of transition are determinants that can decide which actors make their interests prevail. The degree of innovation or conservatism of new institutions is mainly a result of the speed of the process and the kind of actors involved. However, rational reflections on how to produce legitimacy and minimize personal risks which take into consideration the state of conflict in the country decide on the speed and on innovative outcomes. The structured analysis of only two cases uncovers already that it is rather difficult to realise the transfer of design recommendations into reality.
Topic:
Development, Government, and Politics
Political Geography:
Africa, Rwanda, and Holland