n Journal of African Elections - Justice and electoral dispute in Mozambique
|Article Title||Justice and electoral dispute in Mozambique|
|© Publisher:||Electoral Institute for Sustainable Democracy in Africa (EISA)|
|Journal||Journal of African Elections|
|Publication Date||Jun 2005|
|Pages||61 - 89|
A doctrinal practical study of the Mozambican electoral dispute procedure reveals some specific characteristics. Firstly, there is no precise correspondence between the procedure and electoral jurisdiction; what characterises the Mozambican electoral dispute procedure is the diversity of the procedures within the electoral process. Secondly, the dispute procedures are integrated because they cover pre-election and post-election disputes simultaneously. Thirdly, the structure is that of administrative dispute procedure. Finally, the authority of the electoral judge is an aggregate of both the control of the regularity of electoral procedures and the control of the veracity of the elections. Delicate questions, such as the scope of the powers of the Constitutional Council, the confirmation or not of the 'principle of sua sponte examination or evidentiary inquiry' and the position of the Constitutional Council in relation to the correction of the election results are still unresolved.
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