Election Judgments - IFES

Election Judgments - IFES

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28 shown of 28 entities

Odinga v. IEBC

Document contents
from other jurisdictions, notably Australia; New Zealand; Canada; the United Kingdom; Ireland; the Netherlands; India and South Africa, also makes a clear distinction between
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Question Presented
Which party has the burden of proof to contest an election?
Legal Issue(s)
  • Disputing Results
  • Electoral Integrity
Region
Africa
Country
Kenya
Language of Decision
  • English
Date of decision
Sep 1, 2017
Judgment
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August v Electoral Commission of South Africa

Document contents
Kingdom and Japan all persons serving sentences are excluded, while in Denmark, Ireland, Israel, Sweden and Switzerland, all prisoners can vote. 31 SACHS J legislation31
Question Presented
Whether prisoners retained their constitutional right to vote under the 1996 Constitution, and, if so, whether the IEC was obligated to take active steps to facilitate their registration and voting, particularly in the absence of any parliamentary legislation that explicitly disenfranchised them.
Legal Issue(s)
  • Elections as a Fundamental Right
  • Voter Registration
  • Voters' Rights
Region
Africa
Country
South Africa
Language of Decision
  • English
Date of decision
Apr 1, 1999
Judgment
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Quinn Leandro v. Jonas

Document contents
section 64 of “An Act for the Regulation of Municipal Corporations in Ireland” governed the hours of voting in elections.59 It stated, among other things
Legal Issue(s)
  • Disputing Results
  • Electoral Administration Irregularities
  • Electoral Integrity
Region
Americas
Country
Antigua and Barbuda
Language of Decision
  • English
Date of decision
Oct 27, 2010
Judgment
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Baker v. Carr

Document contents
administrative agencies (Boundary Commissions for England, Scotland, Wales and Northern Ireland, respectively)." The Commissions, having regard to certain rules prescribed for
Question Presented
Whether a claim alleging that a state's legislative apportionment scheme violates the Equal Protection Clause of the Fourteenth Amendment — by diluting the voting power of citizens in overpopulated districts — presents a justiciable controversy or is a non-justiciable "political question" that federal courts lack authority to adjudicate. This issue required the Court to revisit and overturn the precedent of Colegrove v. Green, 328 U.S. 549 (1946), which had held that federal courts should not intervene in reapportionment disputes.
Legal Issue(s)
  • Electoral Maps and Districting
  • Voters' Rights
Region
Americas
Country
United States of America
Language of Decision
  • English
Date of decision
Mar 26, 1962
Judgment
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Bangladesh 16th amendment ruling

Document contents
legislatures in Parliament), Northern Scotland Wales (Wales Ireland (Scottish Assembly) (Northern and Ireland Assembly): All three bodies can pass primary legislation
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Question Presented
Does the 16th amendment, which allows the legislature to remove Supreme Court justices on grounds of incapacity or misconduct, violate the Constitution?
Legal Issue(s)
  • EMB Independence
  • Judicial Independence
Region
Asia-Pacific
Country
Bangladesh
Language of Decision
  • English
Date of decision
Jul 3, 2017
Judgment
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Attorney General v. Taylor

Document contents
of paying compensation: European Convention on Human Rights Act 2003 (Republic of Ireland), s 5. Taylor (CA), above n 4, at [66]. Mandic v Cornwall Park
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Question Presented
Whether the 2010 Electoral Amendment Act is inconsistent with the Bill of Rights Act due to the provision disenfranchising prisoners
Legal Issue(s)
  • Judicial Independence
  • Voter Registration
Region
Asia-Pacific
Country
New Zealand
Language of Decision
  • English
Date of decision
Nov 9, 2019
Judgment
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Gandhi v. Narain

Document contents
Speaker by a letter from the Chief Secretary to the Lord Lieutenant of Ireland which was read to the House by the Speaker. The detention of a Member
Question Presented
Whether legislative acts passed during the appeals process may be retroactively applied to validate an election currently in the courts.
Legal Issue(s)
  • Disputing Results
  • Judicial Independence
Region
Asia-Pacific
Country
India
Language of Decision
  • English
Date of decision
Jul 11, 1975
Judgment
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Sinnott v. Minister for the Environment

Country
Ireland
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Question Presented
Whether the plaintiff's inability to cast a secret ballot based on his visual impairment violated his right to vote.
Legal Issue(s)
  • Elections as a Fundamental Right
Region
Europe and Eurasia
Country
Ireland
Language of Decision
  • English
Date of decision
Mar 30, 2017
Judgment
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Chester v. Secretary of State for Justice

Document contents
apart); (c) is either a Commonwealth citizen or a citizen of the Republic of Ireland; and (d) is of voting age (that is, 18 years or over)….” Page 4 Section
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Legal Issue(s)
  • Judicial Independence
  • Voter Registration
Region
Europe and Eurasia
Country
United Kingdom
Language of Decision
  • English
Date of decision
Oct 16, 2013
Judgment
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Caamaño Valle v. Spain

Document contents
The Member States are Belgium, Bulgaria, Cyprus, Denmark, Estonia, Germany, Greece, Ireland, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania and Slovakia. This exclusion
Question Presented
Whether the rescission of voting rights for disabled person under guardianship based on individualized assessment is legal under Article 3, Protocol No. 1 of the European Convention on Human Rights.
Legal Issue(s)
  • Accessibility
Region
Europe and Eurasia
Country
Spain
Language of Decision
  • English
Date of decision
Aug 11, 2021
Judgment
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Strøbye & Rosenlind v. Denmark

Document contents
The Member States are Belgium, Bulgaria, Cyprus, Denmark, Estonia, Germany, Greece, Ireland, Lithuania, 22 STRØBYE AND ROSENLIND v. DENMARK JUDGMENT Luxembourg, Malta, Poland
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Question Presented
Whether the automatic removal of persons contravened Article 3, Protocol No. 1 of European Convention on Human Rights and, consequently, constituted illegal discrimination under Article 14 under the same Convention.
Legal Issue(s)
  • Accessibility
  • Voters' Rights
Region
Europe and Eurasia
Country
Denmark
Language of Decision
  • English
Date of decision
Feb 2, 2021
Judgment
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Molka v. Poland

Document contents
12 MÓŁKA v. POLAND DECISION the status of local authorities in Northern Ireland, the Commission observed that “insofar as these local authorities have a legislative
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Question Presented
Did Poland violate the European Charter of Human Rights by being indifferent to the inaccessibility of poll stations?
Legal Issue(s)
  • Accessibility
Region
Europe and Eurasia
Country
Poland
Language of Decision
  • English
Date of decision
Apr 11, 2006
Judgment
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International Covenant on Civil and Political Rights

Document contents
Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland and United States of America. For the texts of the said declarations, see No.
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Legal Issue and/or Topic
  • International Treaty
Language
  • English
Region
Item does not have this property
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Tanase v. Moldova

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13378/05, §§ 33 and 34, ECHR 2008; Open Door and Dublin Well Woman v. Ireland, 29 October 1992, § 44, Series A no. 246-A; and Klass and Others,
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Legal Issue and/or Topic
  • Election Accessibility
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
Resources
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Zdanoka v. Latvia

Document contents
rights from persons convicted of serious or financial crimes (see Holland v. Ireland, no. 24827/94, Commission decision of 14 April 1998, DR 93-A, p. 15,
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
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Labita v. Italy

Document contents
concordant inferences or of similar unrebutted presumptions of fact (see the Ireland v. the United Kingdom judgment of 18 January 1978, Series A no. 25,
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
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Iskra v. Russia

Document contents
immediate and powerful effect than print media (see Purcell and Others v. Ireland, no. 15404/89, Commission decision of 16 April 1991, Decisions and Reports
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
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Electoral Justice: The International IDEA Handbook

Document contents
court as EDRB Article 35 of the Constitution of the Republic of Ireland: ‘All judges shall be independent in the exercise of their judicial
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
Region
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Measuring Effective Remedies for Fraud and Administrative Malpractice

Document contents
has already occurred a remedy should still be provided. In McFarlane v Ireland the Court held that Article 13 allows a State to choose between a
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Legal Issue and/or Topic
  • Electoral Fraud
Language
  • English
Region
Item does not have this property
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Yumak & Sadak v. Turkey

Document contents
in Europe. By way of example, Bulgaria, the Czech Republic, Denmark, Estonia, Ireland, Luxembourg, Malta, Moldova, Norway, Poland, Portugal, Romania, Russia, Spain, Sweden
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Legal Issue and/or Topic
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
  • French
Region
Item does not have this property
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Equal Access: How to Include Persons with Disabilities in Elections and Political Processes

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Guatemala43 Good Practice Down Syndrome Ireland launched the My Opinion, My Vote project in six countries – Ireland, Italy, Malta, Hungary, Spain and Denmark
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Legal Issue and/or Topic
  • Election Accessibility
Language
  • English
Region
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Sitaropoulos v. Greece

Document contents
is permitted in several established democracies in western Europe, e.g. Germany, Ireland, Spain, Switzerland ... It was also used, for example, in Bosnia and
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Legal Issue and/or Topic
  • Election Accessibility
  • Regional Jurisprudence
Language
  • English
Region
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In re Magyar Ketfarku Kutya Part v. Hungary

Document contents
these conditions are satisfied (see, among many other authorities, McFarlane v. Ireland [GC], no. 31333/06, § 107, 10 September 2010; Vučković and Others v. Serbia
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Legal Issue and/or Topic
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
  • French
Region
Item does not have this property
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Communist Party of Russia v. Russia

Document contents
restrictions on reporting on a particular political movement (Purcell and Others v. Ireland, no. 15404/89, 16 April 1991), or impossibility for nationals living abroad
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
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Incal v. Turkey

Document contents
problems linked to the prevention of terrorism (see, among other authorities, the Ireland v. the United Kingdom judgment of 18 January 1978, Series A no. 25,
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Legal Issue and/or Topic
  • Regional Jurisprudence
  • Violation of an International Treaty
Language
  • English
Region
Item does not have this property
Resources
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors, and Lawyers

Document contents
activities in Northern Ireland by the IRA and various associated groups, operating from the territory of the Republic of Ireland”.67 Seventeen years later
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Legal Issue and/or Topic
  • Election Dispute Resolution
Language
  • English
  • Portuguese
Region
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Election Dispute Resolution Report 2020

Document contents
Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, the Netherlands, North
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Legal Issue and/or Topic
  • Election Dispute Resolution
  • Legal Frameworks
  • Regional Jurisprudence
Language
  • English
Region
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Guide to Article 3 of Protocol No. 1 to the European Convention on Human Rights

Document contents
observance by the States of the engagements undertaken by them as Contracting Parties (Ireland v. the United Kingdom, 18 January 1978, § 154, Series A no. 25, and, more
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Legal Issue and/or Topic
  • Legal Frameworks
Language
  • English
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28 shown of 28 entities

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