Chapter 2: Legal Frameworks for Effective Election Complaints Adjudication Systems political parties, which face potential dissolution if their leadership is determined to have been complicit in the violations). Practices employed in Thailand may not be easily transported into other societies and political systems. Few governments in the world would be willing to give their EMB so much adjudicatory and enforcement power, which also carries great responsibilities and burdens for the EMB and invites corruption. Recent events suggest these extraordinary powers granted to the Election Commission of Thailand may create or exacerbate serious political tensions, however fairly and well-intentioned they are employed. An EMB as powerful as the ECT may not be the ideal model for other countries, as the exercise of these powers (or the failure to exercise them) was one of the motivations for the political unrest in Thailand from 2008 to 2010.7 2. Election Complaint Commissions In most countries, as noted, the traditional (default) mechanism is for EMBs to serve as the primary complaints adjudication body, subject to appeals to courts. The points outlined in the previous section indicate this may not be a bad solution, provided that the law is clear in determining the jurisdiction, procedures and timelines for exercise of this authority. However, many experts would disagree with the idea of EMBs continuing to perform a principal role in complaints adjudication. Progressive thinking in this field has tended to support the creation of special institutions for handling election complaints and challenges. As noted above, EMBs are already busy with the heavy burden of actually administering elections, and may themselves be the object of complaints. The judiciary is also usually occupied with its normal duties, and sending all election-related complaints and challenges to regular courts is generally a slow and inefficient process. However, few countries have created a genuinely separate entity for election complaints adjudication. Some countries emerging from conflicts have See, e.g., Democrats Under Fire After Ruling, Bangkok Post (Apr. 13, 2010), available at http://www.bangkokpost.com/news/politics/36012/democrats-under-fire-after-ruling. 7 117

Select target paragraph3