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Context-Sensitive Inquiry in Comparative Judicial Research

Lessons From the Namibian Judiciary

University of Vermont, Burlington

Research on the behavior of the Namibian judiciary highlights the importance of context-sensitivity in comparative courts research. Drawing from strategic understandings of judicial behavior, the analysis examines the extent to which political influences are affecting the behavior of judges in Namibia. The findings indicate that, for the most part, Namibia's judges have exercised high levels of independence in their decision making. Yet deference to other branches has been apparent among certain expatriate judges who have faced unique vulnerabilities in the Namibian political system. Context sensitivity proved critical to the study, as it enabled more effective operationalization of concepts and generation of variables to test existing theory. Beyond this, such awareness enhanced the ability to interpret the findings about judicial behavior in Namibia and generate new insights to inform inquiry.

Key Words: judicial behavior • judicial independence • strategic models • Namibia • methodology • context

This version was published on November 1, 2008

Comparative Political Studies, Vol. 41, No. 11, 1515-1540 (2008)
DOI: 10.1177/0010414007308018


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