Part of the Judiciary
The electoral tribunals that belong to the judiciary power are judicial institutions specialized in electoral issues and ruled by a due process of law considerations.
However, such tribunals can be independent from any superior court. In Mexico for instance, not even the Supreme Court of Justice has powers to undertake further revisions of the electoral tribunal’s rulings. Therefore, ordinary courts must not interfere in electoral disputes.
The judiciary’s authorization to solve electoral disputes derives from a clear aspiration: electoral disputes have to be solved from a procedural approach, which sticks with a commitment regarding binding, universal and fundamental principles.
Any tribunal located within the judiciary is vested with more powers than any tribunal that is not. Belonging to the judiciary power provides any tribunal with a higher degree of efficacy, which makes it more reliable.
Therefore, once a tribunal that belongs to the judiciary is empowered to solve electoral disputes in an independent, autonomous, impartial and professional way, it ensures authentic, free and legal elections, and this is also the way in which a legitimate and democratic integration of government must be achieved. Bearing this in mind, two different kinds of judicial principles can be distinguished. Firstly, we have the so-called organic principles, which are those related to both the Tribunal itself and the officials working there. Secondly, we have the procedural principles which are related to the electoral jurisdiction.
