Access to Justice and Electoral Integrity: A Policy Brief
III. Electoral justice and the
importance of remedies
Electoral justice receives very little attention in the international assistance agenda: for donor agencies, supporting electoral dispute resolution
or electoral justice mechanisms remains a complementary activity. When
the priority becomes establishing the rules of the game, the role and
resources to be attributed to its final arbiter is often neglected. The
consolidation of a solid electoral justice system contributes to
the integrity of the electoral process, advances democracy and
rule of law and fosters confidence building.
It has been thoroughly discussed that there is no ideal formula for organizing elections or solving complaints and guaranteeing free and fair
participation in electoral processes. The myriad of institutions established
for these purposes are designed based on different needs, contexts
and degrees of institutionalisation. In any case, “in both new and older
democracies, arguments advocating the establishment of independent
electoral bodies highlight the importance of these structures in promoting
democratic transparency and technical efficiency”31 – and, as the experience in Latin America shows, the argument could also be extended to
judicial bodies which guarantee access to justice to protect political rights.
This relationship between their independence and specialized nature with
democratic transparency, highlight their role in strengthening, overall, the
democratization process and in providing means for redress against violations of human rights. As an example, the creation of tribunals, specialised
courts, juries, electoral boards or councils – often at the constitutional
level – responsible for solving electoral disputes, has been a key element in
the transition and consolidation of democracy within Latin America.
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