This compendium presents the constitutional provisions and election laws of a number of selected Commonwealth countries in a user-friendly way. In order to make comparative analyses easier, wherever possible each legislative scheme is presented in a common format, highlighting those features which are considered to be a part of the essential framework of that scheme. Volume 1 covers election cases of note in Australia, Nauru, New Zealand. Papua New Guinea, Samoa, Solomon Islands, Tonga, Antigua and Barbuda, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, St Lucia, St Vincent and the Grenadines, and Trinidad and Tobago.
The family of best electoral practices is growing in most democracies. It can be found in mature and new, as well as in emerging democracies, perhaps more common in the former than in the latter two categories. The goal of best electoral practices is to improve election administration and services to the electorate. Best electoral practices are showing steady upward growth in emerging democracies and the potential for continued growth is positive. Widespread international interest in democratic elections and improved international and national election observation harmonization procedures will continue to assist in improving election administration. The use of electoral technologies and the notional entry into the age of digital democracy will undoubtedly aid and enhance best electoral practices aspirations in many emerging democracies.
The first volume presents the constitutional provisions and election laws of a number of selected Commonwealth countries in a user-friendly way, aiming to stimulate wider discussions about the available options. In order to make comparative analyses easier, wherever possible each legislative scheme is presented in a common format, highlighting those features which are considered to be a part of the essential framework of that scheme. This compendium is not a mere collection of election laws. The form of the presentation of each legislative scheme (which at times takes account of procedures and practice guidelines) focuses on the organisation and conduct of elections for the National Assembly (by whatever name called in the country concerned). In a few cases presidential elections and elections to the Upper House are presented where the procedures therefore are considered appropriate for noting.
This work aims to promote the concept of reducing the incidence of election irregularities and requiring less intervention by the court or similar disputes resolution mechanisms. The essence of this new approach is to place much greater emphasis on drastically reducing errors through noncompliance with electoral laws and particularly rules, regulations, and directives, which result in election irregularities. This approach may require greater clarity in drafting election rules and regulations as well as more intense monitoring and warning systems developed by EMBs to ensure a high degree of accuracy in the preparation and polling processes. This concept proceeds on the basis that, in general, election stakeholders wish to see the genuine results of the democratic process without diversions to the court or similar assistance being brought into action.
Carl W. Dundas, LL.B, LL.M (Lon.), Barrister-at-law (Gray’s Inn) is an Election Expert. While in the service of Jamaica, Mr. Dundas, as the Technical Adviser to a Joint Select Committee of both Houses of Parliament, which dealt with constitutional and electoral reform, eventually became the first Director of Elections 1979-80. He has extensive experience in constitution drafting, particularly the provisions relating to election management bodies. He has given technical assistance in electoral matters in many countries, including Aceh, (Indonesia), Antigua & Barbuda, Botswana, Cayman Islands, Guyana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Nigeria, Sierra Leone, South Africa, Tanzania/Zanzibar, and Zambia; and has been assigned to observe elections in many countries, including Bangladesh, Guyana, Kenya, Liberia, Malaysia, Malawi, Pakistan, Mozambique, South Africa, Tanzania/Zanzibar, and Zambia. He has also advised on election organization and management in Jamaica, Kenya, Liberia, Malawi, Mozambique, Nigeria, South Africa, and Sierra Leone. Mr. Dundas led Commonwealth Secretariat’s electoral technical assistance missions to Guyana, Kenya, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania/Zanzibar, and Zambia. He carried out assignments in areas such as designing electoral frameworks for a neutral and impartial electoral management body, the establishment of instruments for the transition from a military one-party to a multiparty system, and has organised capacity-building seminars and workshops. Mr. Dundas was Chairman of the Electoral Boundary Delimitation Commission of the Cayman Islands in 2003 and 2010. As an Election Legal Consultant from 2001 to 2006, Mr. Dundas advised many election management bodies (EMBs) on reform and modernisation, including Aceh (Indonesia), Antigua & Barbuda, Botswana, Cayman Islands, Guyana, Lesotho, Liberia, Nigeria, and Tanzania. In 2006 to 2010, Mr. Dundas took up an appointment as the Chief of Party of the International Foundation for Electoral Systems’ (IFES’) and African Union Support Program (funded by USAID) to advise the African Union on the establishment of a Democracy and Electoral Assistance Unit. In 2011, he returned to private consultancy with an assignment from Commonwealth Secretariat as a consultant to the Independent National Electoral Commission (INEC) of Nigeria and shortly thereafter he accepted an appointment as IFES’ Country Director in Nigeria.
This book is about the problems encountered frequently in the Member States of the African Union with the impact of close elections on political succession at the political party leadership level and at the level of head of state and government. Evidence can be seen with respect to the national elections and their aftermath in 2007 & 08 and in Zimbabwe elections of 2008.The book analyses the reasons why close elections have had negative impact on some States of the Union and not others. A contrast in this regard was made in the book between close elections in Ghana (2008-09) and Zambia (2008) where close elections did not trigger violence with Kenya (2007) which experienced serious post-election violence and Zimbabwe (2008) which witnessed widespread pre-polling intimidation and violence. The book also looks at the incidence of unconstitutional change of government and its impact on political succession. It also considers the impact of close elections on illegal political succession and on failed States in the African Union.
The legal design is the key instrument in creating the substratum of good election administration. It is the legal design of the electoral framework that facilitates the application of best electoral practices and empowers electoral management bodies to create, maintain, and apply best electoral practices. It is the legal design that sets the tone for transparency, creates the tools for good management practices, and ensures the maintenance of oversight of a level playing field during election campaigns. The reform of election administration is often triggered by post-general elections performance audits to identify and remedy weaknesses observed at the last general election and enables the election environment to be resilient and experience continuous renewal through the legal reform process.
Volume 2 deals with actual election cases, grouped by subject. Each of the two parts contains five themes. Theme 1: Election Management Bodies, Theme 2: Electoral Boundaries, Theme 3: Registration of Voters, Theme 4: Nomination of Candidates Theme, 5: Voting Theme, 6: Election Irregularities, Theme 7: Political Parties, Theme 8: Election Expenses, Theme, 9: The Media, Theme 10: Miscellaneous.
This book contains five electoral essays and five discourses which explore issues impacting on free, fair and credible election organisation and conduct, with special attention on best practices in the Commonwealth and the African Union. The essays constitute part 1 and the discourses part 2 of the book. It describes and analyses the slow and cautious restart of the process of democratic elections in Nigeria, examining the missteps along the way from the first to the fourth electoral cycle which ended in 2011, which constitute essay I. Essay II deals with the development of election observation, together with mechanisms to strengthen the effectiveness thereof in the African Union and promote the technical capabilities of African Union electoral management bodies. Essay III seeks to compare aspects of election observation by the Commonwealth and the African Union. Essay IV examines best electoral practices in the Commonwealth and the African Union and essay V with the potential use of alternative dispute resolution in elections in the Commonwealth and the African Union. The discourses vigorously explore current electoral issues that slant towards further development in the near future. Discourse A is about youth and elections. It discusses how youth can participate more effectively in elections. Discourse B looks at the dimensions of political finance with particular attention to campaign financing. Discourse C is about incumbency and elections and discusses the nature and impact of incumbency on elections. Discourse D is about the culture of impunity which affects many electoral management bodies and in particular as it pertains to election violence. Discourse E deals with the impact of social media on election preparation and conduct.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
