Copyright 2015 Laura Scott
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1 In different connections, criteria for assessing an election as free and fair have of course been established, but it is difficult to operationalize the ttheoretical concepts can t operate as via a kind of check list, and of everything that should be taken into account. Add to this all the problems of checking the actual the state of affairs in a particular electoral processcountry potentially complicates the and finding out how to combine the different measurements on different dimensions of a seemingly simple, into one single expression. 87 So how can a definition of free and fair be determined? One approach is to study the various releventrelevant fields, (such as the electoral system, the voter registration system, media access, campaign rules, ballot count, and so on), and then make create a crosswise assessment to determine if of whether the conditions and achievements within each field contribute to or hamper the freedom and fairness of the election. 98 Below we try However, a different approach based on. On the basis of Robert A. Dahl s conceptualization concept of power allows for the examination of we start by presenting our view of how elections and the development towards of a more democratic form of government relate to one another in order to create a working definition of. Based on this, we will discuss what can be understood by the concepts of free and fair,. both in theory and in Finally, we will present a list of relevant criteria and illustrate the difficulties in using these criteria in actual practice. Elections and Referendums as Elements of the Democratization Democratic Process There is nothing extraordinary about the fact that politicians and voters of the former colonies and non-democracies, as well as international organizations, countries, and individuals 6 Commented [LS19]: AU: Change OK? Commented [LS20]: AU: Change OK? If not, please clarify which concept.
2 that subscribe to the principles of democracy, take a great interest in elections and referendums. The focus on election polls This has, nevertheless, contributed to the development of a distorted picture of the entire transition processhow a government transitions from a non-democratic to a a more or less democratic system of government. The poll itself has rather unfortunately, become the focus of attention. In that way elections Elections have acquired an importance with no basis in either democratic theory or practical politics. 109 A In fact, many people hold a general idea is belief that eliminating election if only elections have been held without too many obvious irregularities allows a and flows, the country in question canto be called a democracy,. which may then be supported by other democracies. This attitude has in some periods been prevailingprevailed at times in US policies towards some South and Central American countries, but the mindset exists can also be identified in the foreign policy policies as wellof other countries It is understandable that the political opposition in countries that used to be under authoritarian government would like to have elections. It gives them the opportunity to make themselves heard. While democratic elections establish an opportunity for people to have a voice in government, In this connection, however, it is worth maintaining that there are a number of prerequisites that must be met for democratic elections which should be taken seriously, if the objective is to encourage a continuous development towards a well functioning democracy to function beyond the polls. Robert A. Dahl has set up aa number of these institutional prerequisitesforprerequisites exist in Dahl s archetype for characterizing individual countries as democraciesdemocracy., which includes Free free and fair elections is one of Dahl s institutional prerequisites of democracy or a development towards a democratic form of government Dahl, however;, 7 Commented [LS21]: AU: It seems that the intention is to be ironic here with the quotation marks. If that is not the intention, recommend removing the quotation marks. Commented [LS22]: AU: Change OK? If not, what is it that the prerequisites do for the development of democracy? Commented [LS23]: AU: Change OK? If not, please clarify what it is that Dahl is characterizing.
3 does not define what is meant by free and fair elections, except to say that elected officials are chosen in frequent and fair conducted elections in which coercion is absent or at least comparatively uncommon. He argues that it would not be appropriate to conduct elections early in the democratic transition process, which too often is the case. According to his argument, a number of other prerequisites have to be fulfilled to a reasonable extent before elections should be conducted. 12 For example, But can elections be free and fair if part of the adult population has no right to vote? ShouldntShouldn t all adult citizens have the opportunity to be nominated as candidates for election? And can elections be characterized as free and fair if there is no freedom of speech or assembly or movement? In other words, doesn t the concept of free and fair elections need to meet have as necessary prerequisites all the same other preconditions of Dahl s definition of polyarchy: an open, inclusive, and competitive and democracy representative of the people? Besides, Dahl himself has argued that it would not be appropriate, from a democratization perspective, to conduct the necessary and desirable elections as early in the transitional process as has often been the case. According to this argument, a number of institutional and other prerequisites have to be fulfilled at least to a reasonable extent before elections should be conducted. 13 The decision whether an election or a referendum is free and fair therefore presupposes that the concepts of free and fair are clarified in relation to other institutional preconditions for democracy and operationalized in a way that make them applicable in practice. It also In order to meet the objectives of this definition, the concepts of free and fair involves both need defined and clarified as a definition and a clarification of the phases that form part of the overall election procedure. 8 Commented [LS24]: AU: Please include superscript for reference number, and if reference is not already listed in endnotes, please include it there as well. Commented [LS25]: AU: Change OK? If not, please clarify how the elections relate to polyarchy. Also, recommend including some additional description of Dahl s idea of polyarchy and corresponding references/notes.
4 Freedom forms aexists in contrast to coercion, as also implied byaccording to Dahl. Whereas coercion means that no opportunity occurs to choose one thing over another through forced choice or the absence of choice Freedom freedom involves the right to decideand opportunity to opt for one thing and do without another. Coercion, on the other hand, means that there are no such option, neither formally nor in reality. You have to opt for one specific thing, either because nothing else is allowed or because the consequences of certain choices are unacceptable and could affect negatively your own or your family s safety, welfare, or dignity. Fairness means impartiality. U. The contrast to fairness is unequal treatment of equals, which means that some people (or groups) are given unreasonable advantages for a select few at the expense of others should no longer take place. Thus, fairness should involve both regularity, (i.e. that rules are applied in an unbiased way, ) and reasonability, (i.e. that relevant resources distributed evenly for campaigning and other purposes are not distributed too unequally among competitors). It may be difficult to distinguish between the two analytical dimensions of freedom and fairness, and the placing of various elements should be taken with a grain of salt. Under the dimension of free, the starting point for democracy should one should at least as a starting point include elements implying that establish voter autonomy: an the voters have the freedom and opportunity to participate in the election the way they want, that is without coercion and or restrictions of any kind (except, perhaps, for economic limitations). Thus, freedom in this respect primarily covers the rules of the game. Concerning the relative importance of the two dimensions we claim that tthe element of free (or freedom) must take first priority, because it is a precondition for democracy and for the use of elections as a means towards the realization of some kind of democracy. Without 9 Commented [LS26]: AU: If we are defining the concept via Dahl, please include superscripts for references and please include the references in the endnotes. Commented [LS27]: AU: Change OK? If not, please clarify more regarding the starting point referred to here. Commented [LS28]: AU: Deletion OK? If not, please clarify how economic restrictions are acceptable for voting/election freedoms.
5 ruleswithout it, giving formal political freedoms, the question of a fair application of such the rules is meaningless; and the question of equal resources irrelevant. It may be as difficult to distinguish between the ttwo aspects of fairnessregularity and reasonability as it is to distinguish between freedom and fairness, because both regularity and reasonability involves a demand for impartiality. They should, however, be observed sepratelyseparately as far as possible because. the The first aspect of fairness regularity which involves an impartial application of the law of the landrules of the constitution, the electoral law, and other regulations.is more specific and should be fulfilled to a high degree for an election to be accepted. The second aspect of fairness reasonability which concerns securing roughly equal opportunities for everyone to uniformly the exercise of political freedoms, though reasonability can be difficult to implement is more general and impossible to fulfil completely or even to a high degree. In fact, we know of no actual or past polyarchy, past or present, which could successfully distributes relevant political resources equally among political competitors. Thus, in observing the fairness of an election, of a referendum it is more important to investigate how the rules are applied than to study whether individuals and groups have ideal access to opportunities. Of course, this priority between the two aspects of fairness does not mean that reasonability of unimportant or that it canshould be disregarded completely. Indeed, a broadening of access to relevant political resources and opportunities is a clear indication of a progress in democracy, especially when all of democratization of a political regime. This concerns individuals as well as groups. In relation to competitive elections, however, it becomes particularly important what the possibilities of the various political groups are participate in the election and when s. There should be no question of any particular group or 10 Commented [LS29]: AU: Change OK? Didn t know if democracy always required a constitution, so wasn t sure if this word would apply to every situation. Commented [LS30]: AU: Change OK? If not, please clarify. Formatted: Indent: First line: 0.5" Commented [LS31]: AU: Change OK? Or are other groups meant here?
6 political party no group receives an edge to win having privileged chances of winning the political competition. In the preparatory phase of the elections iin South Africa in April 1994, on what is now known as Freedom Day, the first national elections not to be hinged on race occurred; at that time, the standard formulation expression was that of levelling the playing field articulated, and this formulation covers well how important we also perceive this aspect of fairness. is often perceived A chronological classification is needed in order to distinguish between the periods before, during, and after the polling day instead of simply relying on any quick observations, evaluations, and judgments formulated at the time of elections. The events that precede polling must be included in the overall assessment of freedom and fairness. The UN and other organizations (more often, the large non-governmental organizations) also acknowledge this fact in theory and in practice particularly since the Nicaragua elections in In addition to clarifying core concepts, a chronological classification is needed in order to dintinquish between the period before, during, and after polling day. This implies a criticism of the quick election observation missions in which evaluations and judgements regarding the character of an election are formultaed on the basis of short stays only around polling day. It is, in particular, essential that the electoral law and the constitution guarantees the freedom of the voters, and that relevant resources are not too unequally distributed among competing parties and candidates (i.e. the reasonability aspect). The course of events that precedes polling must necessarily be included in the overall assessment to prevent it from becoming thin and uninteresting. This fact has also been increasing acknowledged both theoretically and in practice by the UN and similar systems in particular since the Nicaragua 11 Commented [LS32]: AU: Change OK? If not, some other explanation about the importance of this time period in South African history would help readers understand how important the playing field phrase is to the argument made here. Commented [LS33]: AU: Change OK? If not, please clarify what is meant here and it is unclear how the words thin and uninteresting apply to the development of democratic elections. Commented [LS34]: AU: Change OK? Also, why is the 1990 election so important to the point made here? Please clarify. Commented [LS35]: AU: Is there a source to confirm this fact? If so, please include reference.
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