"Therefore, in order to guarantee the autonomy and impartiality of bodies responsible for electoral dispute resolution, their legal independence should be ensured at the highest possible level. Thus, the separation of powers must be established at the constitutional level, where it should be clearly stated that the electoral judicial body is independent of the Executive and Legislative branches and that it is not subordinate to either of these powers."
DocumentOAS: Observing Electoral Justice Systems: A Manual for OAS Election Observation Missions, p. 20
- Everyone is entitled to a fair and public hearing by a competent, impartial, and independent tribunal in determination of his/her rights.
- 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.
- Impartiality requires that judges act without bias, and that the tribunal appears unbiased to the reasonable observer.