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. 9

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