5 Universal Declaration of Human Rights, United Nations General Assembly Resolution 217A, u.n.g.a. While there is always the risk that elections can be manipulated, fairness can be ensured only via the rule of law. The role of the judiciary in handling such electoral disputes is important. M.C. 25 F. Spagnoli, Homo Democraticus – On the Universality and the Not So Universal Possibility of Democracy and Human Rights (Cambridge: Cambridge Scholars Press, 2003). 7 African Charter on Human and Peoples’ Rights, 27 June 1981, oau Doc. In doing so, they do not only fulfil their mandate but also play a priceless role in taking democracy and human rights forward, preserving it as sacred and sacrosanct within that political order. Illegality is where the decision maker must correctly understand the law that regulates its decision making power and must give effect to it. 15; Haye v The Gambia (2000) ahrlr 102–103, para. 16. The classification and treatment of electoral disputes, even when the integrity of the entire electoral process is questioned, itself, is a justiciable violation of the victims’ political rights. He is not to innovate at pleasure. Free resources to assist you with your legal studies! These authorities are provided the resources to ensure that judgments are enforced, sentences that implemented, fines are paid, etc. ‘Judiciary Should Not Expand its Role: Experts’, The Hindustan Times, October 14, 1996, 6; ‘Experts Differ on Correctness of Judicial Activism’, The Times of India, January 13, 1997, 4; Upendra Baxi, ‘Legal Activism: Judicial Tryst with Indian Destiny’, The Times of India, August 19, 1997, 12; ‘Shekhar Decries Judicial Activism’, The Times of India, January 14, 1998, 1; and Rajinder Sacher, ‘Judges as Governors’, The Indian Express, August 4, 1999, 8. In the United States, the Supreme Court has this power. The rule of law and respect for the law, including the laws that protect human rights as necessary elements of elections, are also necessary conditions. Bollinger and G.R. M.C. Journal of the Indian Law Institute is a leading law journal pertaining to the field of law. 38. Franck further contends that such a legal entitlement is becoming a requirement of international law, applicable to all and implemented through global standards, with the help of regional and international organizations. The same applies to foreign minister of a government. 2; Egyptian Organisation for Human Rights v Egypt (2000) ahrlr 90–92, para. This new legal entitlement has been created based in part on the customary practices of many states in the world and partly on the collective interpretation of treaties.24. When the judges approach the law going beyond the two persons or two parties of the case or suit effectively, then it is called 'Judicial Activism'. Though not binding, the udhr is considered evidence of customary international law. on to say that, now the Public Interest Litigation (PIL) is well The journal is a very highly rated journal of international repute. It stipulates that everyone ‘shall have the right to hold opinions without interference’ and the ‘right to freedom of expression’ which shall include ‘the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice’ subject to the restrictions stipulated in Article 19(3).

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