• Regular court belonging to the judicial branch
• Constitutional court or council
• Administrative court
• Specialized electoral court
399. The various judicial electoral challenges can be classified, generally
speaking, into trials and appeals. The latter, in turn, can be subdivided into
regular remedies or appeals and special or exceptional remedies (see box 7.2).
Box 7.2. Classification of judicial electoral challenges
• Trials
• Appeals
– Ordinary appeals
– Extraordinary or exceptional appeals (e.g. writ of certiorari – see the Glossary)
(i) Trials
400. A trial is a formal judicial examination of evidence and a determination
of legal claims. Electoral-administrative actions or decisions by an EMB or a
political party can be challenged in such a trial. Judgement is entrusted to an
impartial judicial body or court, which decides the dispute from a position
of distance from the parties. The procedure is often adversarial, especially in
countries with Anglo-American or Spanish traditions of jurisprudence. In
common with French jurisprudence generally, a trial in a system with traditions
of French jurisprudence may also include investigative elements of procedure.
(ii) Appeals
401. An appeal is a proceeding undertaken to have a decision reconsidered by
a higher court for review and possible reversal. Appeals are hearings that can
be invoked before a higher court on the merits of the judicial decision issued
by the lower court, or against violations committed in the proceedings of the
lower court. Appeals usually account for the largest share of judicial electoral
dispute resolution mechanisms (EDRMs). They can be invoked either within
or as a continuation of a judicial proceeding.
402. Ordinary appeals are regular proceedings by a higher court to review a
judicial decision. After the appeal is submitted by the unsuccessful litigant,
the appellate court, which generally has more than one member, examines
139
7. Basic elements of EDR systems
Box 7.1. Types of court in charge of resolving judicial electoral
challenges