Chapter 1: International Standards
ment. While this tension is important to note, limitations of the judicial
system should not be used to excuse or allow adjudication that results in
arbitrary or unfair decisions.128
During the design of a complaint adjudication system, framers should
address these practical obstacles and seek alternative solutions. However, regardless of the scarcity of resources, both human and financial,
impartial decision-making must still be employed so as to avoid arbitrary decisions, lack of proportionality, and restrictions that interfere
with free expression.129
B. Adequately Informed Arbiters
Due to time restraints and the specialized subject knowledge required to
rule on electoral contests and complaints, arbiters should be competent
and informed in the specific area of electoral complaint adjudication. This
standard requires that appointees have requisite qualifications upon their
appointment, as well as continuing education requirements to maintain
familiarity with changes in the legal regime.
i. A qualified judge or arbiter
Arbiters of any electoral adjudicatory entity should possess the necessary skills and resources to fully understand the electoral process. When
reviewing the qualifications of a potential judge or a commissioner, the
civic and institutional background of the candidate should be considered,
not his or her political connections. The Venice Commission recognized
the required level of technical expertise, stating that electoral commission members “should be legal experts, political scientists, mathematicians or other people with a good understanding of electoral issues.”130
However, a good education and adequate experience in electoral matters
are necessary but not sufficient characteristics to be deemed a qualified
Id.
Zdanoka v. Latvia, Eur. Ct. H.R., App. No. 58278/00, Judgment of 16 March 2006, ¶ 115 (b),(
c),( e).
130
Venice Commission Code, supra note 44, at 28. In another example, the Supreme Court
in Ghana also acknowledged the need for competent judges in electoral matters. In November 2008, Justices drafted the Manual and Statutes on Elections Adjudicating in Ghana.
On this occasion, Lady Justice Georgina T. Wood underlined that one of the goals of this
initiative was “to aId judges in their work . . . on election dispute adjudication.” Foreword
to Ghana Manual, supra note 7.
128
129
47