Elections on Trial: The Effective Management of Election Disputes and Violations
increase of cases rejected due to procedural errors, and disincentivizes the public from engaging with
the EDR process. Furthermore, the lack of specialized judges increases the chances of the law being
misapplied or applied differently between cases.147
Looking at the benefits of open justice, in the Philippines, interlocutors observed that better
communication by COMELEC with the public could be a way to boost the acceptance of electoral results.
In relation to a controversial case involving allegations of vote miscounting in the vice-presidential
contest: “If we had better communication initiatives explaining to the people the process of how they
can verify and audit the votes, it would have made it easier for people not doubt the election results.”
The general public’s ability to track the status of ongoing cases happens via updates posted manually to
the COMELEC website. This avenue of communication is not foolproof, as the IT Department has no way
of independently knowing if a case update has occurred in order to track whether or not it has been
posted to the website, relying instead on the departments to notify them. There are no current plans to
link the case management system to the public posting of information, and while lengthy legal decisions
are written by commissioners, they are not publicly available. Nothing prohibits parties to the case from
releasing a decision to the general public after they receive it, though this is rarely done in practice,
except occasionally by politicians who wish to publicize their legal victories.
VI.
Conclusions
As noted at the outset of this paper, public perceptions about the results of an election have
tremendous implications for the peaceful transfer of power and the viability of governing institutions,
particularly in fragile and transitional contexts. Tom Tyler’s research on citizen interaction with legal
authorities – referenced at the outset of this paper – ultimately found seven underlying dimensions to
perceptions of fairness: opportunity for representation, quality of decision, the honesty, ethicality and
motivation of the authorities, lack of bias of authorities, and opportunities for correction.148 Looking at
two of these dimensions in particular – the quality of decisions being made, and the opportunity for
correction – and applying them to the EDR context, any dismissal of complaints on procedural grounds
without any opportunity to correct a claim, or any failure to provide a well-reasoned decision, may not
only impact perceptions of fairness, but also the legitimacy of the EDR body and the legitimacy of any
remedy provided. Hence, if a court or tribunal concludes an electoral dispute by affirming or overturning
electoral results, but fails to ensure procedural justice during proceedings, and/or operates without high
levels of transparency, the legitimacy of the judgment – and by extension the acceptance of election
results – may be undermined.
Analysis of the component parts of procedural justice and open justice demonstrates a variety of
strengths and opportunities for EDR institutions in the six countries examined. The principles of fairness,
efficiency, effectiveness and transparency necessarily intertwine and occasionally conflict, but a balance
147
Democracy Reporting International, The Competency of the Administrative Jurisdiction in Tunisia 18 (2017).
Tom R Tyler “What is Procedural Justice: Criteria used by Citizens to Assess the Fairness of Legal Procedures”
(1988) 22 Law & Society 103, 128.
148
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