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Advancing Electoral Integrity$
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Pippa Norris, Richard W. Frank, and Ferran Martinez i Coma

Print publication date: 2014

Print ISBN-13: 9780199368709

Published to Oxford Scholarship Online: June 2014

DOI: 10.1093/acprof:oso/9780199368709.001.0001

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Constitutions and Election Management

Constitutions and Election Management

Chapter:
(p.94) 6 Constitutions and Election Management
Source:
Advancing Electoral Integrity
Author(s):

Svitlana Chernykh

Zachary Elkins

James Melton

Tom Ginsburg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199368709.003.0006

This chapter examines the constitutional requirements for electoral management bodies. One of the challenges of democratic governance is the enforcement of electoral results. Perversely, governing parties, who have powerful incentives to remain in power, typically control the legal framework, which administers elections and electoral disputes. One way to insulate electoral law from manipulation by incumbents is to entrench it in higher law. Constitutions increasingly speak to the administration, adjudication, and enforcement of elections. This chapter sets out to provide guidance to constitutional drafters about how far, if at all, have constitutions regulated elections and then to see whether the “constitutionalization” of electoral management bodies is associated with greater electoral integrity.

Keywords:   electoral results, governing parties, constitutions, constitutionalization, electoral integrity

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