Legal Framework and Reform Module

Sypnosis will be here

Key Understandings

Every electoral process is underpinned by a legal framework based on international agreements, the constitution, and domestic legislation.
The legal framework is typically hierarchical, with diminishing authority and increasing detail as one moves from constitutions, to laws, regulations, procedures, and codes of conduct.
A good legal framework is based on international obligations and adequately covers all the major elements of the electoral process, throughout the electoral cycle. There is no ‘global police officer’ with enforcement powers over electoral processes.
A good legal framework is based on guiding principles, and is backed up by political, administrative and judicial commitment.
A good legal framework enshrines, facilitates and protects the role of the EMB.
A good legal framework emphasises transparency of content and transparency in its amendment process.
A good legal framework provides effective mechanisms to ensure that the electoral laws are enforced with timely adjudication of complaints and violations and penalties for offences.
The legal framework for any electoral process is complex, and will inevitably often contain deficiencies.
A well drafted legal instrument is clear, complete, unambiguous, internally consistent and easily understood.
The legislature, the EMB and the courts can all play a role in initiating and steering electoral process reform. The EMB may be best placed to take the lead in initiating and steering reform of some parts of the legal framework.
A legal instrument gains legitimacy and credibility from a process of inclusion, consultation and communication which includes provisions to promote the participation of marginalised groups; mainstreams gender, youth and minorities; and addresses issues related to the special needs of people with disabilities.
The context matters; no legal framework is perfect, some actors may seek to subvert it, and external circumstances change. Reviewing and updating the legal framework is an integral part of every electoral cycle. Assessment and interpretation of a legal framework looks at its content, its accessibility, whether it is easily understood, whether it contains ambiguities, gaps or contradictions, and whether practice matches what is on paper.

Module Objectives

To explore the nature and purpose of law and how it is applied in the electoral context;
To explore the content and form of an electoral legal framework;
To explore what makes a good legal framework for an electoral process and the significance of international obligations and of good practices;
To identify what makes for good and bad drafting;
To explore how and when to initiate and steer reform to an electoral legal framework;
To explore how an open and transparent reform process is able to include, consult and communicate with all stakeholders.