(for example by guaranteeing effective and inclusive access to the electoral
justice system).
2. The tendency towards establishing judicial EDR
systems
226. Even though the first democratic regimes to adopt an EDR system
entrusted the final decision on the certification of electoral processes to the
legislative bodies themselves, by the last third of the 19th century a judicial
EDR system had been established in the UK, when the regular courts were
given jurisdiction over resolving challenges to parliamentary elections (see
paragraph 171). Gradually, in the course of the 20th century, authority
was transferred to judicial bodies (regular, constitutional, administrative or
specialized electoral courts), an EMB with judicial powers or, exceptionally,
an ad hoc body as a provisional or transitional arrangement. In general, there
has been a marked trend towards establishing judicial bodies to handle EDR,
or to including EDR within the remit of existing judicial bodies.
227. Judicial bodies entrusted with EDR may have the formal power to make
the final decision on a challenge. However, even where the final decision
remains in the hands of a legislative body or political assembly, there is generally
provision for prior challenges before judicial bodies. This applies not only to
challenges to election results but also to disputes during the preparatory phase
of the election cycle. In addition, it increasingly applies to political parties’
internal procedures for selecting their leaders and candidates for office and for
disciplining their members, as is provided for in a growing number of countries.
Examples can be found in Argentina, Bolivia, Costa Rica, Germany, Mexico,
Puerto Rico, Spain and the United States. Another indicator of this judicial
trend is that several of the members of the body in charge of organizing,
administering and overseeing elections (the EMB) either come from the judicial
branch or are appointed in a similar way to that of judges, and must meet the
same requirements as judges or be accorded guarantees equivalent to those
given to high-ranking judicial officers. The trend in the judicial EDRSs that
were established in the early 20th century was to give jurisdiction to regular
courts that are part of the judiciary – particularly in those countries with a
common law tradition, although it has spread to others and continues to be
the most widespread system. After the First and Second world wars it became
more common to assign responsibility to constitutional courts, particularly in
several continental European countries but also in Africa and Asia. Since the
third wave of democratization in the late 20th century it has been common
to attribute such jurisdiction to specialized electoral courts, especially in Latin
America but also in some countries in Africa, Asia and Europe.
228. The judicial approach to EDR systems is also consistent with the right
to an effective public remedy before a judge or court with jurisdiction that is
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