Legal Instruments
A legal framework is always fundamental. Legal norms are mandatory and determine how the regulation of an electoral system works. Legal devices provide electoral actions with certainty and security.
Within democratic and constitutional regimes, electoral issues are legally regulated by a diverse and coordinated legislation derived from a fundamental norm, or by a Constitution. Such instruments can be listed as follows:
- Constitution: It is a fundamental and mandatory rule from which derives the legal system of a country. The Constitution sets down basic rules on the way a nation and its government are organized, on the fundamental rights which will be enforced, on the basic principles guiding the electoral system, on the conditions that individuals have to accomplish to become citizens, on the existence of political parties, electoral authorities and electoral courts, and on procedural issues. Constitutional rules are the highest rules in a legal system; they cannot be modified easily and last longer than others.
- International treaties: International treaties promote fundamental rights, particularly those related to political participation and voting.
- Electoral laws: Electoral laws are normally enacted by the Congress. Congresses around the world usually represent the people’s will. The majority of electoral rules are contained in electoral laws. They are much more flexible than constitutional laws and are useful to regulate electoral topics in a more handy way.
- Judicial precedents: They are rulings and resolutions issued by judges and courts in order to solve electoral disputes. Nowadays, they have reached a top standard quality due to the relevance of the judges and courts in general within a nation’s institutional life.
- Electoral Authorities’ Executive Orders: They are issued by administrative authorities in order to complement constitutional and legal rules.
- Codes of Conduct: They are rules agreed by political agents. The codes of conduct aim at enhancing respectful, ordered and civilized conducts during elections. Referees are usually in charge of enforcing them.
