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Meshack Simati - Post-Election Violence in Africa: The Impact of Judicial Independence

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Book:
Post-Election Violence in Africa: The Impact of Judicial Independence
Author:
Meshack Simati / Taylor / Francis Group
Publisher:
Taylor & Francis Group
Genre:
Books / Politics
Year:
2021
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Post-Election Violence in Africa

This book explores the effect of the judiciary on the incidence of post-election violence by political actors across Africa and within African countries. It examines how variation in judicial independence can constrain or incentivize election violence among democratizing states.

Using case studies and cross-national analysis, the book shows that variation in levels of judicial independence from a non-independent judiciary to a quasi-independent judiciary or from a fully independent judiciary to quasi-independent judiciary increases the likelihood of strategic use of post-election violence by non-state actors. However, the likelihood of post-election violence is significantly reduced in non-independent judiciaries or once countries judiciaries become fully independent. The author makes the theoretical argument that, within unconsolidated states, non-state actors that view the judiciary as semi-independent are more likely to engage in post-election violence with the purpose of creating political and professional uncertainty in order to influence assertive behavior from judges in disputed elections. Consequently, the book argues that semi-independent judiciaries or judiciaries that are neither fully controlled by the incumbent nor fully independent from the incumbent can help explain post-election violence among unconsolidated states, all else being equal.

This book will be of interest to scholars of election violence, democratic politics, law and politics and African politics.

Meshack B. Simati is Assistant Professor in the Department of Political Science and Global Studies at California State University, San Marcos, USA.

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Post-Election Violence in Africa

The Impact of Judicial Independence

Meshack B. Simati

For more information about this series, please visit: https://www.routledge.com

First published 2020

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2020 Meshack B. Simati

The right of Meshack B. Simati to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

A catalog record for this book has been requested

ISBN: 978-0-367-27163-3 (hbk)

ISBN: 978-0-429-29878-3 (ebk)

Typeset in Times New Roman

by Apex CoVantage, LLC

To Beth
and
Gabe, Nathaniel and Gideon

Contents

PART I
The danger of election violence: theory

PART II
Evidence

PART III
Policy implications

Guide

This project was not a solitary enterprise. I thank my supportive family, church, and a great political science faculty at both Georgia State University and California State University San Marcos for the strength to carry on when the obstacles seemed insurmountable. My sincere gratitude to:

Carrie Manning. For always being accessible, quick with feedback and challenging me to probe further from the beginning of this project as a major area paper to the book manuscript. Your guidance and encouragement in this project contributed to my personal and academic growth. To Charles Hankla, Ryan Carlin and Susanne Schorpp. This project would not have been completed without your patience, suggestions and consistent feedback. To Michael Herb and Dr. Schorpp, for equipping me with methodological skills necessary to conduct research. To the late Bruce Edwards (Bowling Green State University), you gave me an opportunity to realize my potential. To my always encouraging colleagues in the global studies and political science departments, particularly Elizabeth Matthews, Scott Green-wood and Stephen Nichols.

To the United States Institute of Peace (USIP), for the Jennings Randolph Peace Scholar award that made the initial research of this project as a dissertation. To the Georgia State University Libraries for the library dissertation travel grant and the political science department that made my fieldwork in Kenya possible.

To Harmon and Teri Parker and Tom and Katherine Clark for being my pillars of strength in a faraway country. To Blake West for your encouragement and countless conversations about my research. To Jesse Masai, without whose logistical support I would not have been able to conduct fieldwork in Kenya. Lastly, to Debbie and Brad Royal, for reading through my manuscript. To my dad, for keeping me centered.

I dedicate this book to my wife. For believing in me from the time we met as clueless undergraduates with ambitious goals. For patiently listening to me talk about my research and for the many sleepless nights taking care of three rambunctious boys while working your full-time job as a medical doctor. Your patience and support made it possible for me to write and present this research at numerous conferences. To my children, Gabriel, Nathaniel and Gideon. You are a constant source of joy and inspiration. To Nathaniel, for always making me laugh. To my late grandmother that went to be with the Lord before I finished writing my manuscript. I will forever be indebted to you for your love and the values that you inculcated in me.

ACLED	Armed Conflict Location and Events Dataset
AIC	Akaike Information Criterion
BBI	Building Bridges Initiative BIC Bayesian Information Criterion
CCK	Church Commissions for Kenya
CEPIL	Center for Public Interest Law
CIPEV	Commission of Inquiry into the Post-Election Violence
CORD	Coalition for Reforms and Democracy
CREV	Countries at Risk of Electoral Violence
DPI	Data for Political Institutions
ECAV	Electoral Contention and Violence

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