Election Standards | The Carter CenterElection Standards | The Carter Center
  • About
  • FAQ
  • Bibliography
  • Carter Center
EOS EOS

Election Obligations & Standards Database

Issue

Right to a Fair and Public Hearing by an Impartial and Independent Tribunal


Election Parts

  • Electoral Dispute Resolution

Criteria

  • The legal framework provided the right for a fair and public hearing by a competent, impartial, and independent tribunal in the determination of rights
Summaries
  • Everyone is entitled to a fair and public hearing by a competent, impartial, and independent tribunal in determination of his/her rights.
  • The notion of fair trial includes the guarantee of a fair and public hearing.
  • A fair trial entails the absence of influence.
  • The right to a public hearing must be protected except for specific and objective reasons as determined by law.
  • The obligation for a public hearing does not necessarily apply to appellate proceedings.
  • The right to appeal is not guaranteed in the determination of a suit at law.
  • In the determination of suits at law the independence and impartiality of tribunals is an absolute right.
  • Any body that meets the criteria of impartiality and independence can be considered a tribunal.
  • A situation in which the executive and the judiciary are not clearly distinguishable is incompatible with the notion of an independent and impartial tribunal.
  • Independence of the judiciary requires proper procedures detailing appointment, term limits, security, and remuneration.
  • Impartiality requires that judges act without bias, and that the tribunal appears unbiased to the reasonable observer.
  • States should protect the independence of the judiciary.
EOS EOS

Election Obligations & Standards Database

A nongovernmental organization, The Carter Center has helped to improve life for people in more than 70 countries by resolving conflicts;
advancing democracy and human rights; preventing diseases; and improving mental health care.

The Carter Center | 453 John Lewis Freedom Parkway | Atlanta, GA 30307 | (404) 420-5100

© 2021 The Carter Center. All Rights Reserved.

v2.8.2
The Carter Center The Carter Center
THE CARTER CENTER