2. About the Electoral Justice Database
Why an Electoral Justice Database?
International IDEA’s recent research on electoral justice shows that
both newly established electoral legal frameworks across the globe
and reformed versions of some existing frameworks pay increased
attention to electoral justice. These frameworks focus, for example,
on the dispute-resolution procedures applicable to certain stages
of the electoral processes including the nomination of candidates,
the conduct of campaigns or the certification of results (OrozcoHenríquez et al. 2010). This research also highlights an increasing
awareness of the need to establish comprehensive and integrated legal
and institutional frameworks to govern elections, and the EDR system
is often the key element of the electoral reform agenda. The lack of
credibility of some electoral processes has often led voters to question
the need to participate in elections, or to reject their results. In view of
this, effective and timely electoral justice becomes the key element in
addressing threats to the credibility of elections.
The importance of access to justice in election-related matters is also
well documented in relevant international obligations and standards.
A review of approximately 200 public international law documents
by the Carter Center (2014) found 21 fundamental rights and
obligations that are relevant to electoral processes. These documents
pay due attention to electoral justice and recognize its role in providing
equal rights to electoral participants and fair resolutions of judicial
procedures. International IDEA’s most recent publication on the
subject (Tuccinardi et al. 2014) dedicates a special chapter to electoral
justice that summarizes the key obligations, treaties and United
Nations jurisprudence on this topic.
Academic researchers are also paying increased attention to electoral
justice in broader analyses of electoral integrity. According to the
research conducted by Birch (2011), which covers 161 elections
administered in 61 countries between 1995 and 2007, malpractices
related to electoral justice are not so widespread. Nonetheless, her
findings reveal some concerns related to the adjudication of disputes in
47 per cent of countries. Since any mishandling of electoral disputes
has the potential to diminish stakeholders’ trust in electoral justice, this
finding is troubling.
More recently, a global expert survey on perceptions of electoral
integrity (PEI) by Norris et al. (2015) examines some key aspects
of electoral justice. The survey results show that democratic or ‘free’
countries generally experience fewer challenges to elections results than
‘partly-free’ and ‘not-free’ countries (see Figure 2.1.). At the same time,
however, in democratic countries there are many more cases of electoral
disputes resolved using legal channels. This generally shows how well
EDR mechanisms work in democratic countries. The case of partlyfree countries, which are also known as hybrid regimes, is particularly
interesting. They have many more cases of challenges to election results
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