Chapter 2: Legal Frameworks for Effective Election
Complaints Adjudication Systems
norms regarding electoral matters. This means that the constitution gives
the TSE constitutional, legislative and judicial powers.
The decisions and resolutions of the TSE are not subject to appeal. This
is a remarkable and important attribute, because no one can contest the
results of an election in court. During the election campaign period, which
lasts three months, the TSE assumes direct control of the Civil Guard (part
of the domestic security forces). This is intended to guarantee that elections are free and without interference from the political authorities.
The Congress cannot enact any law regarding electoral matters later
than six months before polling day or earlier than six months after
polling day. The TSE must be consulted in advance on every proposal
for legislation regarding electoral matters; if this is not complied with,
the resulting law is null and void. For the Legislative Assembly to enact
legislation contrary to the opinion of the TSE, a majority of two-thirds of
its members is required.
Political parties generally have full confidence in the independence and
impartiality of the TSE, mainly due to the TSE’s ability to deliver elections
on schedule and to remain neutral and transparent throughout the electoral process. Civil society groups’ views about the quality of the working
relationships they enjoy with the TSE are positive. Their contacts with the
TSE have always been open and based on mutual trust.
C. Country Example: Uruguay
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The Electoral Law of 1924 established an autonomous, independent and permanent electoral body in Uruguay. Election administration was brought together under the jurisdiction of the Electoral Court (Corte Electoral). In 1934,
the existence and powers of the Electoral Court were enshrined in the constitution. The Court’s membership is a hybrid, with five “politically impartial”
members elected by the legislature as a whole, and four representatives of
the leading political parties elected by the members of each party in the leg18
Sara Staino, Uruguay: The Electoral Court — A Fourth Branch of Government 1-2, available
at http://aceproject.org/ero-en/regions/americas/UY/Uruguay_ percent20The percent20Electoral percent20Court percent20- percent20A percent20Fourth percent20Branch percent20of percent20Government.pdf/view?searchterm=uruguay percent20electoral percent20court.
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