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 power to
undertake further revisions of the electoral tribunal’s rulings. Therefore,
ordinary courts must not interfere in electoral disputes.
The judiciary’s authorization to resolve electoral disputes derives from a
clear aspiration; electoral disputes have to be resolved 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 resolve
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 functioning 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.
