The model of ordinary justice,
also known as the English model, provides ordinary judges of the Judicial
Branch with the power to resolve electoral disputes. Sometimes, ordinary judges
resolve the disputes submitted to them. However, some other times, ordinary
judges can also review electoral rulings issued by other institutions.
In 1868 a Parliamentary Act was enacted, aimed at preventing the abusive
resolutions from the House of Commons, and was then modified in 1879. Such Act
empowered two judges from the King’s (Queen’s) Bench Division of the High Court
of Justice to judge electoral disputes. The House of Commons came to terms with
the ruling of the appointed judges.
This model is based on the independence of the judiciary. The basic principles
of judicial independence can be found
not only in some parliamentary acts, but also in several international instruments
such as: The Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, and
the International Covenant on Civil and Political Rights.
As in England, this is the system prevailing in Canada where the ordinary
jurisdiction is in charge of resolving electoral disputes. The electoral
authority of the judiciary is combined with the functions of Elections Canada in
organizing the elections and the corresponding Commissioner of Canada Elections.
Those who support the judicial model consider that
the task of judging and qualifying elections has a judicial nature, and as
such, it must be done by a judicial authority in order to guarantee the
authenticity, regularity and validity of the election, preventing the officials
in charge of organizing the election from acting as the qualifying authority as
well. The risk becomes clearer if most of the officials carry out their duties
according to political and party interests, ignoring law and justice
considerations. From the perspective of the rule of law, the convenience of
such an exclusive political control remains somewhat dubious.
