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Richter v. Minister of Home Affairs
Procedural history
law), 9(1) (equality), 10 (human dignity), and 19(3)(a) (right to vote) of the Constitution of the Republic
- Question Presented
- Whether Section 33(1)(b) and Section 33(1)(e) of the Electoral Act 73 of 1998 — which limited the "special vote" to South African citizens absent from the Republic only if they were on "government service" (or members of the household of such persons), while effectively excluding all other citizens living or working abroad — unjustifiably limited the constitutional right to vote under Section 19(3)(a) of the Constitution, read with the rights to equality (Section 9(1)), human dignity (Section 10), and equal citizenship (Section 3(2)(a)).
- Legal Issue(s)
- Accessibility
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Feb 9, 2009
Judgment
Decision No. 207182
- Question Presented
- Whether a voter’s electoral rights are violated when the question asked in a referendum is unclear and information about the question is not readily available at the polling site.
- Legal Issue(s)
- Accessibility
- Electoral Administration Irregularities
- Vote Form Irregularities
- Country
- Serbia
- Language of Decision
- Serbian
- Date of decision
- Feb 3, 2022
Judgment
APDH v. Cote d'Ivoire
Alleged Acts
The plaintiff alleges that allowance of the a person representative of the President of the Republic
- Question Presented
- Whether the composition of the IEC is in conformity with the Constitution.
- Legal Issue(s)
- EMB Independence
- EMB Operation
- Country
- Ivory Coast
- Language of Decision
- English
- French
- Date of decision
- Nov 18, 2016
Judgment
Guide Electoral, Tome III Référencement jurisprudentiel 2006-2018
Description
Compendium of electoral case law from the Democratic Republic of the Congo
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- French
Resources
SUP RAP 0173 2018
Question Presented
the registration of Jaime Heliodoro Rodríguez as an independent candidate to the Presidency of the Republic
- Question Presented
- The TEPJF instructs the INE to issue a new resolution on the registration of Jaime Heliodoro Rodríguez as an independent candidate to the Presidency of the Republic.
- Legal Issue(s)
- Candidate Registration
- Country
- Mexico
- Language of Decision
- Spanish
- Date of decision
- Apr 9, 2018
Judgment
Decision 207183
Procedural history
The applicant then appealed to the Republic Election Commission, which rejected his appeal.
- Question Presented
- Whether the Sabac City Assembly was the proper authority to hear a challenge about the conduct of a referendum.
- Legal Issue(s)
- Civil Procedure
- Electoral Administration Irregularities
- Country
- Serbia
- Language of Decision
- Serbian
- Date of decision
- Feb 3, 2022
Judgment
Emile v. Republic of Cote D’Ivoire
Title
Republic of Cote D’Ivoire
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- Legal Issue and/or Topic
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
Resources
Tanganyika Law Society v. Tanzania
Procedural history
The National Assembly of the United Republic of Tanzania passed a law requiring all candidates for Presidential
- Question Presented
- Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
- Legal Issue(s)
- Candidate Registration
- Judicial Independence
- Country
- Tanzania. United Republic of
- Language of Decision
- English
- Date of decision
- Jun 14, 2019
Judgment
Inter-American Commission on Human Rights v. Republic of Peru
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- Legal Issue and/or Topic
- Election Annulments
- Judicial Independence
- Regional Jurisprudence
- Language
- English
Resources
August v Electoral Commission of South Africa
Applicable Law(s)
Constitution of the Republic of South Africa and the Electoral Act 73 of 1998
- 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
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Apr 1, 1999
Judgment
Ngandu v. Congo
Description
The court determined that the Democratic Republic of Congo did not violate Articles 3 and 26 of the Charter
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- French
Resources
Barthelemy v. President of the Republic of Vanuatu
- Question Presented
- (1) Was the Council of Minister’s advice to the President to dissolve Parliament while there was a pending motion of no confidence by members of parliament a violation of the Constitution? (2) If so, was the dissolution of parliament by President void? (3) Does the Supreme Court have jurisdiction to hear constitutional writ petitions relating to the dissolution of parliament?
- Legal Issue(s)
- Conflict of Interests
- Country
- Vanuatu
- Date of decision
- Sep 9, 2022
Judgment
New Nation Movement NPC and Others v President of the Republic of South Africa
- Question Presented
- Whether the requirement of political party membership for candidate eligibility is constitutional.
- Legal Issue(s)
- Candidate Registration
- Country
- South Africa
- Language of Decision
- English
- Date of decision
- Jun 11, 2020
Judgment
Election Dispute Resolution Report 2020
Document contents
(government), Slovak Republic, Switzerland.
49 Brazil, Croatia, Czech Republic, Estonia, France, Georgia, Ireland,(for political party registration/appeal board),
Republic of Korea, Luxembourg
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
Resources
Georgian Labour Party v. Georgia
Document contents
systems of electoral administration in
Belgium, Bosnia and Herzegovina, Bulgaria, the Czech Republic, Germany,
Hungary, Italy, Moldova, Portugal, Serbia, Spain, Sweden and the
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- Legal Issue and/or Topic
- Electoral Fraud
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
Resources
Odhiambo Oduol v. Independent Electoral & Boundaries Commission
- Question Presented
- Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
- Legal Issue(s)
- Disputing Results
- Electoral Integrity
- Vote Verification and Transmission
- Country
- Kenya
- Language of Decision
- English
- Date of decision
- Jun 5, 2013
Judgment
Sitaropoulos v. Greece
Document contents
the Czech Republic, Denmark, Finland,
France, Georgia, Hungary, Iceland, the Republic of Moldova, Norway,
Poland, Romania, Russia, Serbia, “the former Yugoslav Republic of
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- Legal Issue and/or Topic
- Election Accessibility
- Regional Jurisprudence
- Language
- English
Resources
Gorzelik v. Poland-
Document contents
minorities
notion, the Republic of Poland declares that it understands this term as national
minorities residing within the territory of the Republic of Poland at
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- Legal Issue and/or Topic
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
Resources
Yumak & Sadak v. Turkey
Document contents
are the most widely used in Europe.
By way of example, Bulgaria, the Czech Republic, Denmark, Estonia,
Ireland, Luxembourg, Malta, Moldova, Norway, Poland, Portugal,
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- Legal Issue and/or Topic
- Legal Frameworks
- Regional Jurisprudence
- Language
- English
- French
Resources
Appeals declared by the Political Party "Dignity and Truth Platform" and the electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic of Moldova" and by the Electoral Council of the Chisinau Municipal Electoral District No. 1
Title
Platform" and the electoral candidate Andrei Năstase, by Political Party "Party of Socialists of the Republic
- Question Presented
- Whether the 2018 mayoral election in Chisinau were appropriately annulled due to violations of the electoral silence period on election day.
- Legal Issue(s)
- Disputing Results
- Social Media
- Country
- Moldova
- Language of Decision
- Romanian
- Date of decision
- Jun 25, 2018
Judgment
Guide to Article 3 of Protocol No. 1 to the European Convention on Human Rights
Document contents
Partisi (the Welfare Party) and
Others v. Turkey [GC], 2003; Linkov v. the Czech Republic, 2006; Parti nationaliste basque –
Organisation régionale d’Iparralde v. France
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- Legal Issue and/or Topic
- Legal Frameworks
- Language
- English
Resources
Alajos Kiss v. Hungary
Document contents
§ 78, Series A no. 94, race
- D.H. and Others v. the Czech Republic [GC], no. 57325/00, § 182, ECHR
2007-..., or sexual orientation - E.B.
- Question Presented
- Whether Hungary's voting restriction was proportional and legitimate under Article 1, Protocol 3
- Legal Issue(s)
- Accessibility
- Elections as a Fundamental Right
- Voters' Rights
- Country
- Hungary
- Language of Decision
- English
- Date of decision
- May 20, 2010
Judgment
Electoral Justice: The International IDEA Handbook
Document contents
In the Czech Republic, the justices of the Constitutional Court (Ústavní
Soud) are appointed by the President of the Republic with the consent
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- Legal Issue and/or Topic
- Election Dispute Resolution
- Language
- English
Resources
Molka v. Poland
Document contents
life
(see Botta, cited above, § 34, and Zehnalová and Zehnal v. the Czech
Republic (dec.), no. 38621/97, ECHR 2002-V). The first of those cases
concerned
- Question Presented
- Did Poland violate the European Charter of Human Rights by being indifferent to the inaccessibility of poll stations?
- Legal Issue(s)
- Accessibility
- Country
- Poland
- Language of Decision
- English
- Date of decision
- Apr 11, 2006
Judgment
Measuring Effective Remedies for Fraud and Administrative Malpractice
Document contents
http://www.osce.org/odihr/elections/turkey/219201.
50 Id.
51 ID.
52 Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Italy, Netherlands, Slovenia, Spain and the United
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- Legal Issue and/or Topic
- Electoral Fraud
- Language
- English
Resources
Legal Considerations when Delaying or Adapting Elections
Document contents
the COVID-19 Pandemic: The Republic of Korea’s
Crucial Test (лютий 2020 р.), адреса: https://www.idea.int/sites/default/files/publications/managing-elections-duringpandemic-republic-korea-crucial-test.pdf.
59
Id.
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- Legal Issue and/or Topic
- Election Postponement
- Language
- Ukrainian
Resources
Tanase v. Moldova
Document contents
Socialist Republic (changed to the Soviet
Socialist Republic of Moldova in 1990). The remaining territory of
Bessarabia became part of the Ukrainian Soviet Socialist Republic. Those
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- Legal Issue and/or Topic
- Election Accessibility
- Regional Jurisprudence
- Violation of an International Treaty
- Language
- English
Resources
Ramos Rojas v. Sanabria Chacón
Summary
is not valid because it “‘enshrin[es] provisions contrary to the Constitution and the laws of the Republic
- Question Presented
- Whether a political party’s internal rules on candidacy criteria relating to nepotism may nullify an election of one of its registered candidates if he violated the party rules but otherwise met the eligibility criteria set up in the Constitution or statutes.
- Legal Issue(s)
- Candidate Registration
- Country
- Colombia
- Language of Decision
- Spanish
- Date of decision
- Dec 3, 2020
Judgment
International Covenant on Civil and Political Rights
Document contents
Federal Re
public of Germany: France, German Democratic Republic, Ukrainian Soviet Socialist Republic, Union of Soviet
Socialist Republics, United Kingdom of Great Britain and Northern Ireland
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- Legal Issue and/or Topic
- International Treaty
- Language
- English
Resources
Equal Access: How to Include Persons with Disabilities in Elections and Political Processes
Document contents
Cambodia, the Republic
of Indonesia, the Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the
Philippines, the Republic of Singapore,
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- Legal Issue and/or Topic
- Election Accessibility
- Language
- English
Resources