The Judiciary, when captured or weakened, facilitates authoritarian governments undermining other democratic institutions and even using the courts against democracy. This triggers a serious crisis of constitutionality and jeopardizes the amparo trial as we know it. In this situation, taking a distance from doctrine and academic sensibility seems to be an appropriate intermediate proposal to address the crisis.
The project in question evaluates aspects of a reform, suggesting the elimination of problematic elements such as the popular election of judges and magistrates, anonymous judges, and the restriction of the powers of the Judicial Disciplinary Tribunal. According to this thesis, the Court must declare unconstitutional those reforms that represent a threat to democracy. The priority in this scenario is to protect democracy above the particular interests of institutional powers.
If the other powers persist in rejecting the Court's decisions, the crisis will find no solution, and the country will be immersed in a dangerous race with uncertain consequences. To safeguard democracy, it is essential that the courts can protect themselves independently and firmly against external threats.
The project drafted by Minister González Alcántara Carrancá has been presented as an action of unconstitutionality in response to the reform of the Judiciary. The uncertainty lies in whether a new reform that ignores the Court's decisions will come into force or if a ruling will be issued that invalidates a significant part of the current reform. These circumstances generate concern and unease about the future of the democratic system.
Pablo Castillo-Ortiz and Yaniv Roznaiv have developed a detailed analysis on the defense powers that the Court has to protect democracy. It is noteworthy that, in the face of adverse movements, it is crucial to respond immediately to ensure the integrity of the constitutional courts. The recent actions of the Morena bloc in Congress have generated controversy by modifying important decisions rapidly and seemingly disorderly.
Ultimately, the proposed constitutional changes to limit the Court's intervention and restrict judicial review of constitutional amendments represent a threat to the integrity of the system and its fundamental values. The current situation reflects a concerning landscape that requires urgent attention to effectively preserve democracy and the rule of law.
