The Instrumental Logic of Judicial Power: Partisan Motivations Drive Support Across Africa

Judicial power is essential for democratic consolidation and rule of law. While conventional wisdom suggests public support stems from apolitical factors, this research argues it may be driven by partisan motivations tied to the executive.

Drawing on survey evidence from 34 African countries, we analyze Ghana's three presidential transitions since 2000 using difference-in-differences methodology to establish causality. Our findings reveal:

• Survey Evidence & Context: Data collected across Africa shows high public support for judicial power despite lower court trust.

Key Findings:

• Co-partisans are less supportive of horizontal judicial power (over the president)
• Co-partisans are more supportive of vertical judicial power (over the people)

Why It Matters: This demonstrates partisan alignment's crucial role in shaping public attitudes toward judicial power, with significant implications for:

• Judicial behavior influenced by political ties
• The overall legitimacy and functioning of African courts