147. Similarly, it is common for constitutions to provide that one of the
powers of the legislature or one of its chambers is to review the credentials or
certifications of those elected to it so that they can take their seats, or to declare
who is the president-elect and publish that declaration. At the same time these
constitutions establish that a judicial body has jurisdiction or the authority
to issue a final and definitive ruling on challenges to election results. Taking
into account the practice and constitutional experience of these countries,
in this Handbook it is considered that the power of the legislature is a mere
formality and that, strictly speaking, the final decision of the EDRS is with
the respective judicial organ.
3. The evolution of EDR systems
148. The rise of the first representative democratic regimes was characterized
by the adoption of an EDR system that entrusted the final decision on
electoral outcomes to legislative assemblies. In the last third of the 19th
century, however, a judicial EDR system was established for elections in the
UK and the regular courts were given jurisdiction over challenges to legislative
elections. Although some countries still give such powers to the legislature,
in most this authority was gradually transferred, in the course of the 20th
century, to judicial organs in the various democratic regimes – either regular
courts as part of the judiciary, constitutional courts, administrative courts or
specialized electoral courts.
149. In general terms, there has been an evolution away from EDRSs entrusted
to a legislative organ, to mixed EDRSs that combine a legislative body with
administrative and/or judicial challenges, to exclusively judicial EDRSs – be
they regular, constitutional, administrative or specialized electoral courts or
a combination of these.
150. Obviously, the different EDRSs are the result of the legal tradition and
evolution of each country, and of the specific social claims of and possible
agreements among the various political forces involved. It is difficult to draw
any general lessons that can be exported to different historical and political
contexts. Nonetheless, a comparative approach makes it possible to identify
trends and offers elements of analysis for those interested in electoral matters
and for those who are endeavouring to improve all aspects of the electoral
process, in addition to identifying successful experience and good practices
and the strengths and weaknesses of the respective systems.
151. In general, there has been a marked trend towards the ‘judicialization’
of electoral procedures. Judicial organs are increasingly entrusted with the
resolution of electoral conflicts and ensuring that any dispute is resolved
lawfully and in keeping with principles of constitutionality, that is, in keeping
with the law. This can avoid the broadly discretional criteria and opportunist
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