President José López Portillo promoted a change in the Constitution to validate decrees that expropriated the banking sector, ensuring that they were constitutional before leaving his mandate. The Supreme Court dismissed an amparo filed by bankers nearly a year later, unanimously supporting the effects of the constitutional change.
It was questioned whether the Supreme Court could review the constitutionality of a constitutional reform. The majority of the ministers decided not to address that debate. The struggle for the autonomy and independence of the Judiciary lasted two presidential terms after the change promoted by President Zedillo. Today, President Sheinbaum faces criticism for her disregard for laws and judicial resolutions.
Morena's proposal to amend the Constitution in light of a potentially unfavorable Court decision regarding judicial reform is viewed with concern. The initiative would seek to limit any review of such reforms, posing challenges regarding the separation of powers and respect for the rule of law.
The controversy sparked by the withdrawal of the Judicial Reform for being deemed unconstitutional, and President Sheinbaum's reaction declaring contempt and denouncing the judge who issued the ruling, raises serious doubts about respect for judicial authority and the limits of executive power in Mexico. History shows how submission to executive power has negatively impacted the rule of law in the past.
