Electoral justice and
other related concepts
1. The notion of electoral justice
22. The expression ‘electoral justice’ has various meanings. In a broad sense, and
for the purposes of this Handbook, it means ensuring that every action,
procedure and decision related to the electoral process is in line with the law (the
constitution, statute law, international instruments or treaties and all other
provisions in force in a country), and that the enjoyment of electoral rights is
protected and restored, giving people who believe their electoral rights have been
violated the ability to make a complaint, get a hearing and receive an adjudication.
23. A procedural act may be performed or an electoral decision adopted in
any of the three periods of the electoral cycle (pre-electoral, electoral, or
post-electoral: see paragraphs 44–53 and figure 2.4), and it is up to the electoral
justice system to ensure that it is in keeping with the provisions of law.
24. Electoral justice encompasses both the means for preventing violations
of the electoral legal framework, and those mechanisms that are aimed at
resolving electoral disputes that arise from the non-observance or breach of
the provisions of the electoral law. In this regard, it includes both formal
mechanisms for EDR by institutional means and informal ones, such as
alternative electoral dispute resolution (AEDR) mechanisms.
25. The electoral justice system is the set of means or mechanisms available
in a specific country (sometimes in a specific local community or even in a
regional or international context) to ensure and verify that electoral actions,
procedures and decisions comply with the legal framework, and to protect or
restore the enjoyment of electoral rights. An EJS is a key instrument of the
rule of law and the ultimate guarantee of compliance with the democratic
principle of holding free, fair and genuine elections.
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