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
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