Access to Justice and Electoral Integrity
Therefore, from this perspective, access to justice is the keystone of the
rule of law. The justice system must create the mechanisms and
structures to guarantee equal protection of the law for everyone,
to process claims within a reasonable time and to do so with
independence and impartiality.
By establishing a legal procedure to solve disputes and claims – known
and respected by all political actors – the justice system, particularly the
electoral courts at the heart of efforts to hold governments and contestants
accountable, plays a central role in managing political turmoil, establishing
government authority (legitimacy), improving the quality of governance and
fighting against corruption and impunity. Nonetheless, it also serves as a
catalyst for advancing the rule of law in a given society, as contestants and
stakeholders understand that the law is the single means of addressing a
conflict or controversy.
An electoral process with inclusion, transparency, accountability and
security or, in other words, an electoral process with integrity, can only be
guaranteed by a justice system that can:
•
Increase the credibility and legitimacy of electoral outcomes by
providing an instance to process complaints and protect rights
linked to political participation.
•
Enhance the conditions for winners to accept their victory graciously
and losers to agree on future opportunities to participate in electoral competitions –and possibly win.
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