138. Whatever the criterion chosen for classifying EDR systems, it is important
to consider the important function played by an EMB that enjoys functional
independence, and therefore autonomy, when resolving disputes in the first
instance and at the most basic levels of electoral administration. Examples
include the EMBs of India (the largest democracy in the world), Mexico
and South Africa (see Electoral Management Design: The International IDEA
Handbook). EMBs, especially in less mature, independent or autonomous
democracies, make an essential contribution to processes of democratic
transition and consolidation. They also play a significant and positive role in
the operation of EDR systems even when they do not make the final decision
in the chain of electoral challenges.
139. This Handbook thus uses the nature of the body that is vested with the final
decision or the challenge of last resort for ensuring that electoral results comply with
the legal framework as the criterion for the global classification of EDR systems.
This body will be vested with such powers in respect of national legislative
elections, which are held in each and every democratic country, regardless of the
form of government. Using this classification, it is possible to classify the EDR
systems of the world into four major types or models (see box 5.2).
Box 5.2. General classification of EDR systems
• Legislative body (the legislature or other political assembly)
• Judicial body
– Regular courts of the judicial branch
– Constitutional courts or councils
– Administrative courts
– Specialized electoral courts
• EMB with judicial powers
• Ad hoc bodies created with international involvement or as an internal national
institutional solution to a specific electoral process.
140. Of course, this is not the only classification possible. It is used here, but
five points need to be recognized.
141. First, international human rights instruments include provisions for the
exercise of electoral rights. As a result, there is a possibility that complaints
will be lodged before international bodies with respect to the final actions
and decisions of a particular state. However, it appears that no international
body has ever made a decision on election results.
142. Second, in some EDR systems jurisdiction over challenges to election
results is different from jurisdiction over other electoral challenges.
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