Home > 4.1 Parliamentary elections > KYRGYZSTAN - Urgent Amicus Curiae Brief Relating to the Postponement of Elections Motivated by Constitutional Reform
 
 
 
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Paragraph 38
 

The suspension of an election impacts on the civil and political rights of the electorate and has the potential to undermine democracy. Thus, the suspension of an election, for any purposes, is limited by the principles of proportionality and necessity. The need to carry out constitutional reform may well be necessary, but its suggested necessity should, in this context, be interpreted as necessary to ensure full and free elections where the will of the people can be properly discerned. Further, even if the constitutional reform and suspension is necessary, any suspension of the elections should be for the smallest time possible. Underlying the above is the fundamental premise that any action should not and should not be seen as undermining the electoral process. Constitutional reform, however, entails constitutionally imposed timeframes which are generally long in order to enable a thorough discussion and reaching a broad agreement of the political forces and within the society.