International Foundation for Electoral Systems law”), although this is less common. There is also international support for codes of conduct to regulate parties, candidates, and media during elections. The Inter-Parliamentary Council’s Declaration on the Criteria for Free and Fair Elections recommends that states “[e]ncourage parties, candidates and the media to accept and adopt a Code of Conduct to govern the election campaign and the polling period.” The United Nations Convention Against Corruption similarly encourages states to “endeavor to apply, within its own institutional and legal systems, codes or standards of conduct for the correct, honorable and proper performance of public functions.” Who interprets and enforces codes of conduct? Enforcement of codes of conduct depends on whether they are considered “soft” or “hard” law. Codes of conduct are considered “soft law” when they are not passed by a lawmaking body and thus rely on voluntary compliance. Codes of conduct that are considered “hard law” have the weight and enforceability of a statute when they are written and passed by a legislature. Some countries have made adherence to a code of conduct a condition of candidacy to ensure compliance. Compliance may also come from a fear of sanctions by the administrative body, either through negative employment actions by the EMB to enforce internal compliance, or through public shaming by the EMB or other organizations to enforce external compliance by outside groups like political parties. They may be relevant in legal proceedings where customs or internal rules may be offered as evidence, and so in these instances compliance is enforced by fear of litigation. Codes of conduct may be self-enforcing when compliance serves the interests of the group, or when the code of conduct is merely enumerating pre-existing normative behaviors. How are they changed? Codes of conduct can be changed in the same manner as they are drafted, for example, by the EMB. Policies What is the purpose of a policy? The term “policy” is used in different senses related to governance: • • • General state policy – the political principles and direction set by a government, which forms the basis of its administration; Legislative policy – a statement of the political purpose to be achieved with a new law, the way the purpose is to be achieved and a set of instructions for the professional legislative drafters who will draft a bill; and Administrative policy – statements and guidelines issued by an authority regarding the way it intends to administer its duties and exercise its discretion. The policies issued in elections are of the third type. They are generally broad, informative statements of intent regarding principles to be followed, priority of programs, or an administrative step completed. For example, Nepal’s Election Commission has instituted a “gender and inclusiveness policy” that lists a 18

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents