Chapter 2: Legal Frameworks for Effective Election Complaints Adjudication Systems proceedings to reach resolution. Administrative bodies can act as the single and final arbiter of such disputes. However, if actions involve an alleged violation of fundamental rights, are found to have been discriminatory in nature, or to have been decided in an arbitrary manner, complainants must have access to a tribunal. In addition, administrative disputes, if inadequately resolved, can become more formal at subsequent levels of adjudication and require the availability of review by a tribunal. Availability of appeal to a higher court for disputes relating to the election process that require resolution by a tribunal should be considered a best practice, rather than an obligation… The right to appeal is not guaranteed in the adjudication of a dispute, and appeals may be limited or denied in order to respect the need for efficacy and efficiency in the resolution for electoral disputes. C. Credibility A major requirement for a complaints adjudication system is that it supports the credibility of the election process. If the election process is not seen as credible by the population, both losing candidates and the electorate will be unwilling to accept the results. The election process itself may be blamed for a host of governance ills: a dysfunctional assembly, or poor government and slow economic development. Apathy may develop and can lead to civil unrest. Lack of credibility also affects international relations and reduces foreign investment due to a loss of investor confidence. There are two main aspects of credibility: • The broad assessment by the public on the general state of governance and the tendency to connect other failings to the election process; and • The more specific issue of public trust in the process itself. Public attitudes are often a composite of both of these aspects. If the election is not generally seen as credible — fairly or not — the entire electoral process will represent a waste of resources, since there will be no real foundation for government authority or accountability. 111