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. 203 Annex A. Glossary Judicial challenge

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents