Principles and guarantees of
EDR systems
1. Introduction
215. Whichever type of electoral dispute resolution system is adopted, certain
principles and guarantees should be provided for and applied to ensure the
holding of free, fair and genuine elections. These principles should be observed
and applied not only by the EDRB, which is the instance of last resort for
deciding an election, but also at every level or instance of the EDRS, starting
from the first decision on an electoral dispute.
216. ‘Principles’ here mean the supreme and paramount ethical/political values
of a legal order, a sector of it or an institution. They set a standard or inspire
those to whom they are directed – either the voters in general or the EDRBs
in particular. Their observance or enforcement not only bestows legitimacy
or moral or political authority, but also increases the likelihood, based on
experience, that they will serve their purpose. ‘Principles of the EDR system’
thus refers to the fundamental values that help to guarantee the holding of
free, fair and genuine elections, strictly in keeping with the law.
217. An EDR system needs to adhere both to fundamental principles
on elections, such as holding free, fair and genuine elections or universal
suffrage, and to general principles that apply in the various areas of the law
such as constitutionality, legality, judicial independence, due process of law
and the right to a competent defence. Further principles exist that are specific
to EDRSs, such as the principle of irrevocability, which establishes that the
successive stages of the electoral process must be definitive, that is, once any
particular stage is concluded (e.g. the preparatory stage of the election), there
can after a specific deadline be no further challenge during a later stage (e.g.
on election day or at the post-election stage) to actions or decisions made about
that stage. However, there could be exceptions to such a principle in some
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