Mexico

What does this week’s reform mean for Mexico’s judicial overhaul?

President Claudia Sheinbaum on Thursday promulgated a constitutional reform that prevents legal challenges against constitutional amendments, such as Mexicoโ€™s recently enacted judicial reform.

The reform was promulgated via a decree published in the Official Gazette of the Federation (DOF) a day after the lower house of Congress approved the so-called โ€œconstitutional supremacyโ€ bill.

A majority of Mexicoโ€™s 32 state legislatures promptly ratified the reform, allowing Sheinbaum to sign it into law in quick time.

The reform makes modifications to two articles of the Mexican Constitution.

Article 105 now states that constitutional challenges or โ€œactions of unconstitutionalityโ€ that seek to dispute โ€œadditions or reforms to this Constitutionโ€ are โ€œinadmissible.โ€

Article 107 now states that lawsuits โ€œagainst additions or reformsโ€ to the Constitution โ€œwill not proceed.โ€

Mexican senators in session all holding signs at their desks that says in Spanish "No to dictatorship in Mexico."
The current reform is a continuation of a political fight over the Morena partyโ€™s overhaul of the judiciary. (Cuartoscuro)

The decree published in the DOF also states that โ€œmatters that are in process must be resolved in accordance with the provisions contained in the present decree.โ€

The reform would appear to prevent Mexicoโ€™s Supreme Court (SCJN) from making a binding ruling on a proposal to strike down part of the judicial reform that was approved by Congress in September and signed into law by former president Andrรฉs Manuel Lรณpez Obradorย two weeks before he left office.

Indeed, Morena took the reform proposal to Congress precisely to prevent the Supreme Court and other courts from handing down rulings against constitutional reforms.

Even though the reform has been approved and promulgated, heated debate over whether the SCJN has the right to hand down a binding ruling on the judicial reform and other constitutional reforms continues.

Under the proposal of Justice Juan Luis Gonzรกlez Alcรกntara Carrancรก โ€”ย one of eight SCJN justices who submitted resignation letters to the Senate this week โ€”ย only Supreme Court justices would be elected and all other judges would continue to be appointed.

The government is planning to hold elections in 2025 and 2027 at which Mexican citizens would directly elected thousands of local, state and federal judges. The National Action Party filed a lawsuit with the Supreme Court against the judicial reform that allows those elections to occur.

Despite the DOF decree stating that the โ€œconstitutional supremacyโ€ reform applies to โ€œmatters that are in process,โ€ Justice Gonzรกlez asserted that justices can vote on his proposal next Tuesday as scheduled.

A portrait of Mexican Supreme Court Justice Juan Luis Gonzรกlez Alcรกntara Carrancรก with white beard and glassesA portrait of Mexican Supreme Court Justice Juan Luis Gonzรกlez Alcรกntara Carrancรก with white beard and glasses
Justice Juan Luis Gonzรกlez has proposed a compromise of sorts on the judicial reform, which the Supreme Court remains schedule to vote on this Tuesday. (SJCN/Cuartoscuro)

For her part, President Claudia Sheinbaum asserted this week that the Supreme Court doesnโ€™t have the authority to legislate or to strike down a constitutional reform that โ€œfollowed all the [legislative] processes that the constitution establishes.โ€

No judge can repeal a constitutional reform, says Morena leaderย ย 

Speaking on Thursday afternoon, Morenaโ€™s leader in the lower house of Congress, Deputy Ricardo Monreal, asserted that no judge, magistrate or Supreme Court Justice can hand down a ruling against a reform that has been approved by the Congress and subsequently ratified by state legislatures and promulgated by the president.

โ€œItโ€™s not valid. They donโ€™t have jurisdiction, they donโ€™t have authority โ€ฆ to do that. โ€ฆ What we did [with the โ€˜constitutional supremacyโ€™ reform] is reaffirm what the Constitution already says [regarding] the unchallengeable nature, the inadmissibility of recourses and actions against reforms and additions to the Constitution,โ€ said Monreal, who has a doctorate in constitutional law.

The Morena party leader claimed that the โ€œconstitutional supremacyโ€ reform is the โ€œmost profoundโ€ reform โ€œin the 200 years of the life of the country.โ€

He also said that the legal principle of non-retroactivity โ€œis not observable in the case of constitutional reforms.

Monrealโ€™s view is that as the โ€œconstitutional supremacyโ€ reform applies retroactively, the Supreme Court is prevented from handing down a binding ruling on the judicial reform given that that the matter is already โ€œin process.โ€

Ricardo Monreal at rallyRicardo Monreal at rally
Morenaโ€™s leader in the lower house of Congress, Ricardo Monreal, said Thursday that the judicial branch cannot rule against a constitutional reform that has already been approved, ratified and signed into law. (Pedro Anza/Cuartoscuro)

The Animal Polรญtico news website reported that in accordance with the โ€œconstitutional supremacyโ€ reform, previous rulings against the judicial reform and โ€œthe project that Justice Juan Luis Gonzรกlez Alcรกntara is proposing to declare unconstitutional the election by popular vote of judges and magistrates would have to be dismissed โ€” that is to say suspended.โ€

On that point, Gonzรกlez, and others, disagree.

Gonzรกlez: โ€˜We will have a constitutional crisisโ€™ if the government doesnโ€™t comply with the SCJNโ€™s ruling

During an interview with Grupo Fรณrmula on Friday, Gonzรกlez was asked what would happen if the Supreme Court hands down a ruling against part of the judicial reform and the government refuses to comply with it.

โ€œWe will have a constitutional crisis and all Mexicans will have to absorb and suffer the consequences,โ€ the justice said.

Eight of 11 justices would have to vote in favor of Gonzรกlezโ€™s proposal in order for the SCJN to hand down a ruling against the judicial reform provision allowing the direct election of virtually all Mexican judges. The eight justices who tendered their resignations this week to protest the governmentโ€™s judicial overhaul remain on the court for now and appear likely to vote in favor of the proposal.

Gonzรกlez said that non-compliance with a Supreme Court ruling against the judicial reform would relegate the rule of law in Mexico to โ€œhistory books.โ€

Mexico Supreme Court justicesMexico Supreme Court justices
Eight of the countryโ€™s 11 Supreme Court justices tendered letters of resignation, effective next year. (SCJN)

He characterized his proposal to only allow the election of Supreme Court justices as a political-legal solution to the uncertainty and division created by the judicial reform.

โ€œI believe that the president will have to reflect [on what to do], she has these days to do that, these days that are so important for the people of Mexico,โ€ Gonzรกlez said, referring to the period before the 11 justices will consider and make a ruling on his proposal on Tuesday.

The justice said that Sheinbaum โ€œwill have to reflect on the damageโ€ not complying with a SCJN ruling โ€œwould cause to the institutionsโ€ and โ€œthe credibilityโ€ of Mexico as a country that respects the rule of law.

In a separate interview on Thursday, Gonzรกlez said that non-compliance by the government with an SCJN ruling would have an impact on foreign investment in Mexico and โ€œour relations with trade partners with whom weโ€™ve established a series of international treaties and bilateral agreements.โ€

โ€œThe lives of all people would be affected,โ€ he added.

Gonzรกlez is not alone in saying that Mexico could be headed for a constitutional crisis.

Among others who have made the same or similar remarks is former Mexican president Ernesto Zedillo. In an opinion article published in The Washington Post on Friday, he wrote that Sheinbaum is โ€œadvocating that the governmentย ignore court rulingsโ€ and โ€œfuelingโ€ a constitutional crisis.

Analyst: Gonzรกlez is trying to throw a โ€˜lifelineโ€™ to the governmentย ย 

During a panel discussion on a Mexican television program, analyst and writer Viri Rรญos said that Gonzรกlez is โ€œtrying to throw a lifeline to the governing coalition,โ€ which includes Morena, the Labor Party and the Green Party.

โ€œHeโ€™s proposing that the most difficult part [of the judicial reform] to implement, which would be the mass election of judges,ย  โ€ฆ not be implemented,โ€ she said.

Rรญos said that there is an argument in favor of the government taking that โ€œlifelineโ€ because it would remove the problems of โ€œinstability in the marketsโ€ and the โ€œconstant fightโ€ with Mexicoโ€™s judiciary.

However, she argued that the government shouldnโ€™t take the lifeline Gonzรกlez is attempting to offer because it is a โ€œpoisoned lifeline.โ€

To accept the lifeline, Rรญos said, the government would have to accept that it is allowing the Supreme Court to โ€œstrike down constitutional reformsโ€ โ€” which various officials, including Sheinbaum, argue it doesnโ€™t have the power to do.

โ€œThatโ€™s what itโ€™s about. I think that is very dangerous because this is basically putting democracy in the hands of 11 people and going from being a democratic electoral system to being a system that appears much more like a judicial aristocracy,โ€ she said.

With reports from Reforma, Radio Fรณrmula, La Jornada, Milenio, El Financiero and Animal Polรญticoย 



Source: Mexico News Daily

Donate to Breeze of Joy Foundation

Global NewsX

Global NewsX is a news sharing website that offers a wide range of categories, from politics and business to entertainment and sports. With its easy-to-navigate interface, users can quickly find the news they are looking for and stay up-to-date on the latest global events. Whether you're interested in breaking news, in-depth analysis, or just want to stay informed, Global NewsX has got you covered.

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button
Home
Videos
Back
Account