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ABSTRACT

There is no specific and standard definition of what free, fair and credible democratic elections mean under international law. The international law by implications only tries to lay down a guide and qualities of what a free and fair democratic election should and what it should not be. Both emerging and established democracies present frequent deviations from the ideals of a free, fair and credible election. Confidence in the electoral process has therefore become a key concern for political scientists and electoral administrators prompting this critical review. This article is mainly theoretical in perspective using the primary and secondary data in its context. Findings indicate allegations of administrative restrictions being selectively applied to losers coupled with election rigging by winners. This confirms that the quest for measuring and determining the credibility of an electoral outcome or “freeness and fairness” of an electoral process needs a collaborative approach. A model is used to explain the complexity of defining free and fair elections while emphasis is placed on aligning domestic law to international laws.

KEYWORDS

credible, domestic law, free and fair election, international law

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