Book chapter · 2025

Electoral Justice and Dispute Resolution

Gabriela Tarouco and Rodrigo Martins. The Oxford Handbook of Electoral Integrity. Oxford University Press.

Type
Book chapter
Year
2025
Topic
Electoral justice and electoral integrity
Approach
Conceptual and comparative institutional review
Material
Chapter at Oxford University Press

Executive Summary

Problem and purpose

The chapter starts from a gap in the electoral integrity debate: regulation and administration receive substantial attention, while electoral adjudication is still comparatively underexamined. Its purpose is to show that dispute resolution is a decisive stage of electoral governance, because this is where conflicts, allegations, challenges to results and violations of rules are processed institutionally.

Approach

The text reviews the literature on electoral justice, electoral integrity and adjudication, and organizes different institutional designs used around the world. Rather than treating courts and electoral bodies as neutral arenas, the chapter emphasizes how access rules, deadlines, jurisdiction, specialization and enforcement mechanisms structure incentives for political actors.

Main arguments

Electoral integrity depends on institutions capable of delivering impartial, timely, accessible and effective decisions. Poorly designed systems may leave violations unanswered, produce late decisions or encourage strategic litigation. Well-designed systems reduce uncertainty, protect political rights and strengthen trust in electoral competition.

Contribution

The chapter offers a conceptual map for understanding electoral justice as a component of electoral integrity. Its practical contribution is to suggest that electoral reforms should consider not only who administers elections, but also who adjudicates disputes, with which instruments, under which deadlines and with what capacity to provide effective remedies.