JUDICIAL DECISION-MAKING IN ELECTION DISPUTES WITHIN THE UNITED STATES

• Main Author: Kenneth L. Fields
• Format: Article
• Language: deu
• Published: European University Scientific Research Institute of Law 2021-01-01
• Series: სამართალი და მსოფლიო
• Subjects: judge; constitution; election
• Online Access: https://lawandworld.ge/wp-content/uploads/2021/03/%E1%83%9C%E1%83%90%E1%83%A8%E1%83%A0%E1%83%9D%E1%83%9B%E1%83%94%E1%83%91%E1%83%98-N16-1-7.pdf

The courts in the United States are called upon annually to determine partisan political disputes. The recent lawsuits on the 2020 presidential election in the US have gained significant attention. It is acknowledged that court decisions must be made to uphold the rule of law, regardless of the political affiliation of judges. Without any doubt, considering the sensitivity of the cases due to the political background, a relevant approach is needed for judicial decisions to be made. Therefore, the process of decision making must encompass relevant observations and be based on the experiences of the judge, as well as, strong intuitive senses of case evaluation may be of crucial importance. This may lead to the need for specific recommendations to maintain a relevant approach and standard.