interested persons perceive it as sound. Only in this way will it meet its aim
of conferring credibility and democratic legitimacy on electoral procedures
and their results.
2. The need to design an appropriate electoral justice
system
10. The design of an electoral justice system is one of the most important
institutional decisions any country must make when the time comes for its
electoral regime to be established or reformed. The constitutional, statutory
and institutional design of electoral processes in a particular country requires
an integrated and all-encompassing approach that incorporates the EJS as one
of its key components.
Figure 1.1. Important factors for an electoral justice system
To ensure the
effectiveness, efficiency
and sustainability of an
EJS, several factors
must be borne in mind,
such as
Constitutional and
statutory framework
Electoral system
Political party system
Political culture
11. An electoral justice system should be reviewed periodically to ensure that
it fulfils its function of guaranteeing the holding of free, fair and genuine
elections in keeping with the provisions of law. At times the aspiration to obtain
political power leads to the use of unlawful or unjustified means. A properly
designed EJS needs to be positively geared to achieving two objectives:
• Preventing and identifying irregularities
• Providing appropriate means and mechanisms for correcting
irregularities and/or punishing their perpetrators.
12. Both newly established electoral legal frameworks and reformed versions of
some existing frameworks are currently paying increased attention to electoral
justice, focusing, for example, on the procedures applicable to certain parts
of the electoral process, such as the nomination of candidates, the conduct
of campaigns or how the results are certified. There is growing awareness of
the need to establish comprehensive and integrated legal and institutional
4