Senator Adán Augusto López Hernández presented an initiative to establish that constitutional controversies or actions of unconstitutionality aimed at questioning additions or amendments to the Political Constitution are inadmissible. The proposal seeks to include in this inadmissibility the deliberative, legislative process and voting on reforms, as well as those that seek to question resolutions of electoral authorities.
The draft decree, supported by Senator Gerardo Fernández Noroña and deputies Ricardo Monreal Ávila and Sergio Gutiérrez Luna from the Morena Parliamentary Group, modifies several articles of the Political Constitution. López Hernández emphasized that constitutional reforms are the result of an extensive deliberative process and a collective political decision of special democratic importance.
The Senator emphasized that the Revising Power of the Constitution has the exclusive competence to carry out constitutional reforms, which cannot be subject to judicial review. Constitutional norms are considered mandates immune to any type of jurisdictional control, including amparo trials and diffuse control of constitutionality.
He also pointed out that human rights norms must be interpreted in accordance with the Constitution and international treaties, without the possibility of being disregarded through conventionality control. López Hernández argued that constitutional reforms are sovereign and not subject to judicial review, as the reforming body finds its own control within itself.
The initiative presented was sent to the united commissions of Constitutional Points and Legislative Studies for analysis and corresponding opinion. The senator emphasized that constitutional reforms are not comparable to ordinary legislative acts, as they alter the validity parameters of the entire Mexican legal order and regulate the actions of all state authorities.
In accordance with Article 135 of the Constitution, López Hernández stressed that it is not the role of the Judiciary to prevent constitutional changes or modify the will of the people. The legislator emphasized that the role of the Judiciary is to defend the Constitution through its interpretation and application, not through its modification.
