Those procedural legal instruments provided for by law by
which two or more conflicting parties bring before a judicial
body, that is, a judge or a court, whether or not as part of the
judicial branch, a dispute over an alleged error, irregularity,
instance of wrongful conduct, deficiency or illegality in a
certain electoral action or decision. The judicial body, in
its position as a superior third party and as an organ of the
state, decides on the dispute in a final and impartial manner.
Generally speaking, the various judicial electoral challenges can
be classified into trials and appeals.
Judicial EDR system
An EDR system that entrusts the authority to make the final
decision on a challenge to a particular election to a judicial
body. The body in question might be: (a) regular court of
the judicial branch; (b) a constitutional court or council; (c) an
administrative court; or (d) a specialized electoral court.
Judgement
The decision reached and promulgated by a judicial body and/
or an EDRB.
Jurisdiction
The competence and geographic scope of a court or other
judicial body in direction-making, decision-making and
implementation powers.
The power or authority of a court to act. The court must have
jurisdiction both over the subject matter and geographic area
of the complaint and over the person or body against whom
relief is sought.
Legislation
The body of law made by the legislative process, also called
statute law. Written laws passed by a Parliament, Congress or
other legislative body at national or local level.
Legislative challenge
Those legal instruments provided for in the constitution or
statutes of some countries which grant powers to legislative
bodies or other political assemblies to formally resolve certain
electoral challenges or issue the certification or the final result of
an election.
Legitimacy
The perceived fairness of a dispute resolution process.
Liability
Obligations under law arising from civil actions (torts) or
under contract. Legal liability can only be decided by courts
even if the settlement is made out of the court by mutual
agreement.
Litigation
A judicial contest which seeks a decision from a court.
Lower-level EMB
An EMB formed at any sub-national level, for example a
province, region, district or commune.
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Annex A. Glossary
Judicial challenge
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