International Foundation for Electoral Systems
Hence, the right to receive an effective remedy in the
elections context, through the efficient and transparent
administration of justice, has become even more
fundamental.6 This involves both the protection of
procedural justice (for individuals involved in an election
dispute or accused of a violation) and the advancement of
open justice (for the public at large, which has a stake in
the legitimacy of the election process and outcome). In the
unique context of elections, where power, governance, and
stability may be at stake, the quality of justice matters both
privately and publicly. The interests of communities and
states are impacted, not only the interests of individuals.
For example, an individual accused of vote-buying has an
interest in receiving a fair hearing, while the wider public
has an interest in the effective prosecution of legitimate
violations to avoid a culture of impunity (or conversely, the
dismissal of illegitimate accusations to avoid politicallymotivated prosecutions). As another example, an individual
has an interest in having clear procedures and reasonable
deadlines to file a complaint about a candidate nomination
application that was rejected, while the wider public has an
interest in the candidate nomination process being
conducted in such a way as to protect the fundamental
right to stand for election.
In IFES’ global experience, procedural justice and open
justice are often taken for granted in more established
democracies, but are frequently missing in countries with
less developed electoral and judicial institutions –
particularly with respect to the rules and processes
followed by quasi-judicial institutions. IFES has also found
that significant attention is often paid to the independence
and impartiality of judges or arbiters making decisions on
6
Icelandic Human Rights Centre, The Right to Due Process, http://www.humanrights.is/en/human-rightseducation-project/human-rights-concepts-ideas-and-fora/substantive-human-rights/the-right-to-due-process (last
visited Aug. 28, 2017). In addition, one of the core standards identified in 1990 by the U.S. Commission on Trial
Court Performance Standards is the requirement for expeditious, fair, and reliable court functions, so that “the
public has trust and confidence that basic trial court functions are conducted expeditiously and fairly, and that
court decisions have integrity.” See David Steelman, CASEFLOW MANAGEMENT: THE HEART OF COURT MANAGEMENT IN THE
NEW MILLENNIUM, xvi (NCSC, 3 ed. 2004).
6