Academics from various parts of the world have presented a document to the Supreme Court of Justice of the Nation (SCJN) in support of the argument that it is feasible to apply constitutional control to the judicial reform. The document acknowledges the existence of ambiguity in the historical jurisprudence of Mexico but emphasizes the need for the Supreme Court to delve deeper into the discussion on this issue.
The academics advocate for establishing that the Court must conduct meticulous analysis whenever changes are made to the 'basic elements of the existing constitutional architecture'. The first signatory of this document is Argentine jurist Roberto Gargarella, who recently participated in an interview on Aristegui en vivo. In his view, any profound reform should start from a 'presumption of unconstitutionality', placing the burden on authorities to demonstrate that the changes do not undermine constitutional foundations.
According to the submitted document, this premise should be applied to the current Judicial Reform, emphasizing that its recent approval directly impacts the independence, capacity, and legitimacy of the Judiciary, one of the fundamental branches of public power whose function is crucial for democratic life.
The 'Amicus curiae' or 'friends of the court' resource is highlighted in this context, being a technical report presented by individuals not involved in litigation but with an interest in the matter, aimed at providing arguments for the resolution of a judicial issue.
