Senator Adán Augusto López Hernández from Morena has presented an initiative to declare unconstitutional controversies or actions against additions or reforms to the Political Constitution, as well as against resolutions in electoral matters, as inadmissible. The proposal, also supported by Gerardo Fernández Noroña, Ricardo Monreal Ávila, and Sergio Gutiérrez Luna, aims to reform several articles of the Constitution.
In his argument, López Hernández emphasizes that constitutional reforms are the result of a significant collective and democratic process that affects the validity of the Mexican legal order. He points out that constitutional change is not the jurisdiction of the Judiciary, whose function is to interpret and apply the Constitution, not to modify its content.
The senator stresses that it is not the function of the Judiciary to prevent constitutional reforms or alter the will of the people, as it is the prerogative of the Constitutional Revising Power to carry out these changes, which are not subject to judicial review. He highlights that constitutional norms are immune to any judicial control and must be regarded as irrevocable mandates of the legal system.
Moreover, López Hernández argues that the norms on human rights should be interpreted in accordance with the Constitution and international treaties, but they cannot be disregarded through conventionality control. He proposes to clarify that the amparo trial is not applicable against constitutional reforms or their legislative process, including those related to electoral matters.
The initiative has been referred to the Senate's Constitutional Points and Legislative Studies committees for corresponding analysis and opinion. A meeting has been called to discuss this issue swiftly, as a qualified majority is required to approve a constitutional reform, which entails having favorable votes, such as that of (former) PAN member Miguel Ángel Yunes.
