Justicia Constitucional y Justicia Electoral: un examen comparado México-España

Abstract

The comparative examination of judicial guarantees of the elections serves to reflect on their meaning and, more broadly, on the relationship between Electoral Law and Constitutional Law, and on Electoral Justice and Constitutional Justice. The Electoral Justice is inserted between constitutional guarantees, geared to the preservation of political participation rights. The marked institutional differences between Mexican and Spanish systems of electoral guarantees highlight very different possibilities to organize a system of Electoral Justice. In Mexico, there is a specific electoral jurisdiction, who knows all the procedures on electoral matters, headed by an Electoral Court, which assumes the electoral guarantees, while the rest of constitutional guarantees are entrusted to the Supreme Court, existing two heads in the system of electoral guarantees. In Spain, in contrast, electoral processes are entrusted to administrative jurisdiction, leaving the «electoral amparo appeal» as subsidiary to the Constitutional Court, in which electoral guarantees and the rest of constitutional guarantees converge. All the options are acceptable if they serve the purpose of constitutional principles and fundamental rights guarantee, but it is necessary for a system of guarantees maintaining a consistent internal logic.