130. To get a global perspective, it is helpful to classify the EDR systems
found in the contemporary world. There are several criteria for such a
classification.
2. Criteria for classifying EDR systems
131. One method would be to examine the various elements that constitute a
given EDR system and attempt to identify those which offer the best ways of
ensuring that electoral processes comply with the legal framework and respect
electoral rights. Leaving aside the possible argument over the definition of
‘best’ in this context, the data that would be needed in order to undertake
this task are not systematically collected and are therefore either scarce or
non-existent.
132. Nor is it possible to find any significant correlation from a summary
analysis between the type of EDRSs and democratic consolidation. Some
emerging democracies have placed great emphasis on designing suitable
preventive measures, satisfactory mechanisms for electoral challenges and a
strict regime of electoral liabilities but, even so, have faced serious electoral
disputes, triggering institutional crises. Some stable and mature democracies
with fewer preventive measures and a simple and straightforward regime for
bringing challenges and assigning liabilities have seen practically no electoral
disputes, for example, the Scandinavian countries where the political culture
abhors excessive regulation. Others have faced disputes arising from very close
election results but, despite the tensions and difficulties at a particular point
in time, have been able to overcome the crisis – the most notable recent case
being the 2000 presidential election in the United States. It would appear that
overcoming an electoral crisis is dependent not only on the framework for
dispute prevention and resolution but also on the willingness of the political
actors involved to find a compromise.
133. A country’s legal tradition – for example, common law systems, those
that follow Roman-Germanic tradition or the civil law, and those that follow
a philosophical-religious tradition – is relevant to the functioning of its
EDRS. However, it is not the only factor. The United Kingdom and the USA
are both common law countries and there are important similarities between
their EDRSs, but there are also essential differences between them. The same
can be said of Spain, Italy and Uruguay, all of which belong to the civil law
tradition. Meanwhile, there are many similarities in practice in the design and
operation of EDRSs in countries that belong to different legal traditions, such
as those of the USA and Italy; of Ethiopia, the UK, Pakistan and Taiwan; of
Spain, Indonesia and Niger; and of the Palestinian Authority and Uruguay.
This suggests that the most significant element for distinguishing between
EDR systems is to be found elsewhere.
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