International Foundation for Electoral Systems that jurisprudential cohesion is nurtured.”85 During the 2014 elections in Tunisia, observers found that a “significant” number of the decisions made by courts of first instance displayed an inconsistent approach to the interpretation of the electoral law.86 Efficiency The efficient administration of justice includes the requirement for an expeditious process, with reasonable deadlines for filing and disposition of different types of electoral disputes and complaints. As the election process is tightly time-bound – rights are tied to the electoral calendar, and results dictate the transfer of power87 – the administration of justice must be extremely efficient to ensure an effective remedy is provided. For example, candidate nomination disputes must be settled in a timely manner to allow for candidate lists and ballots to be finalized ahead of an election. This can be a challenging process given the right of appeal that must be available to complainants. In general, the time-sensitivity of elections requires dispute resolution proceedings to take place “within a reasonable time” or “without undue delay.”88 However, the prompt resolution of electoral issues must be balanced with the requirement to ensure other elements of due process are met. One element that can impact both the fair and efficient “Slow justice is bad, but speedy administration of justice is when parties to a dispute choose to injustice is not an admissible represent themselves. This can result in an asymmetric substitute.” engagement with the adjudication process, where the party Professor Maurice Rosenberg represented by a lawyer may have an advantage in proceedings. It “Court Congestion: Status, Causes, and can also cause delays, as a self-represented litigant may be Proposed Remedies,” in American unfamiliar with the procedural requirements and deadlines in Assembly, The Courts, the Public, and place. This can be a common scenario for various types of prethe Law Explosion (Englewood Cliffs, election disputes heard by an EMB, where proceedings may be N.J.: Prentice-Hall, 1965), p. 58 more informal but requirements for procedural justice are no less imperative. Adjudicatory bodies have a responsibility to try and address any imbalance or delays to ensure fair and efficient administration of justice can still be provided. For example, legal scholar Robert Yegge suggests that courts must “seek to reduce the complexity of the law and procedures with which self-represented litigants must deal; provide procedural assistance through means such as courtapproved forms and instructions and assistance to litigants at the courthouse; provide substantive assistance through means such as bar-sponsored clinics, pro bono representation, or reduced fee 85 Handbook on Election Disputes in Kenya, Context, Legal Framework, Institutions and Jurisprudence, published by Law Society of Kenya with support from GIZ and Judiciary October 2013 Carter Center, Legislative and Presidential Elections in Tunisia: Final Report 101 (2014). Katherine Ellena and Chad Vickery, “Measuring Effective Remedies for Fraud and Administrative Malpractice” in the ABA’s International Election Remedies (John Hardin Young, Ed. 2016), 105 86 87 ICCPR, supra note 5 at art. 14 § 1(c); European Convention for Protection of Human Rights & Fundamental Freedoms, art. 6, § 1 and the American Convention on Human Rights, art. 8. 88 28

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