Requirement for the first-instance electoral
dispute-resolution body to issue a reasoned
decision
Decisions by the EDR body on any electoral dispute should be
produced in well-reasoned and justified reports, which conclude with
judgements that are delivered in keeping with the proven facts of
the proceedings (the principle of congruence) and which assess each
party’s claim (the principle of exhaustiveness) (Orozco-Henríquez
et al. 2010: para. 379). Acknowledging the importance of this phase
of the EDR process, the research included a comparative analysis of
how the legislation of countries covers these requirements. The results
presented in Figure 3.8 show that legislation in a majority of countries
(71 per cent) establishes a requirement for a reasoned decision, while
legislation in only 9 per cent of countries does not contain such a
requirement. Again, the legislation of 20 per cent of countries makes
no clear ruling in this regard.
Figure 3.8. Requirement for the first-instance electoral dispute-resolution body
to issue a reasoned decision
20%
9%
71%
Yes
No
Not specified
Notes: Data for 174 countries. Graph represents the data in EJD as of August 2015.
What remedies are available to the first-instance
electoral dispute-resolution body?
One of the important responsibilities of EDR bodies is to issue
judgements or make decisions that are consistent with the complaints
or challenges submitted. Clearly stipulated remedies in law and specific
conditions for applying such remedies for each type of complaint
make this task easier. The research attempted to find out how electoral
legislation around the world prescribes remedies for disputes raised
regarding election results. The findings (Figure 3.9) show that the two
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