3. In this respect, along with other elements of the electoral framework, electoral
justice represents the ultimate guarantee of free, fair and genuine elections
(and referendums) in keeping with the established electoral law. Accordingly,
the design of an appropriate electoral justice system (EJS) is fundamental to
democratic legitimacy and the credibility of electoral processes.
4. In democracies, electoral justice plays a decisive role in ensuring the stability
of the political system and adherence to the legal framework, and thus also
contributes to the consolidation of democratic governance. The role of electoral
justice, although not new, has become recognized as a crucial factor in all
democracies, whether emerging or established. Table 1.1 lists some relevant
examples where the presence or absence of a robust EJS has been critical.
Table 1.1. Some critical rulings by electoral justice systems
2
Country
Year
Ruling/decision by
Outcome of ruling
United
States
2000
Supreme Court
Final suspension of manual recount of votes in
some districts of the state of Florida
Spain
2003
Constitutional Court
Declared certain political parties illegal due to
possible ties with terrorism
Ukraine
2004
Supreme Court
Annulment of presidential election
Taiwan
2004
Supreme Court
Validated total recount of the national vote
ordered by the Taipei High (appellate) Court
United
Kingdom
2005
European Court of Human
Rights
General prohibition preventing persons serving
prison sentences from voting in parliamentary
and local elections in the UK was in violation of
the European Convention on Human Rights
Nicaragua
2005
Inter-American Court of
Human Rights
Limitations in the electoral law whereby only
those candidates nominated by political parties
can participate in municipal elections held in
indigenous communities is in violation of the
American Convention on Human Rights
Costa Rica
2006
Supreme Elections Court
Total recount of votes for all presidential
elections as mandated by law
Mexico
2006
Electoral Court of the
Judicial Branch of the
Federation of Mexico
Recount of votes ordered in presidential election
for more than half of the polling stations for
which it was requested
Turkey
2007
Constitutional Court
Annulment of the presidential election results
Colombia
2009
Council of State
Annulment of the 2006 Senate election due to
irregularities in the counting of votes, and the
ordering of a new count
Thailand
2007
Constitutional Court
Dissolution of Thaksin Shinawatra’s party (Thai
Rak Thai)