Politics Country October 31, 2024

Controversial Reform Threatens Mexico's Judiciary Independence

A proposed reform in Mexico's Congress is seen as an attempt to undermine the judicial independence by granting the legislature supremacy over the Supreme Court, raising concerns about democracy and civil rights.


Controversial Reform Threatens Mexico's Judiciary Independence

The Congress in Mexico has taken on a role similar to that of a filing office, where it reviews and votes on the matters presented to it. Contrary to what's often repeated, no congress in the world drafts, enacts, and votes on laws to then interpret and apply them. During the democratic transition, institutions were created to guarantee rights, freedoms, and checks and balances, which are now in danger.

Morena, the ruling party, does not have the support of all Mexicans, thus control and accountability are needed. Through a reform in process for approval, there is an intention to grant the Congress precedence over the Court and the Judiciary, thereby eliminating the independence of the latter and upsetting the powers established in the Constitution.

The Court and other autonomous bodies, such as INAI, INE, and CNDH, were created to protect citizens, ensure equity, and preserve governmental information. However, with the new reform under discussion, the very essence of democracy is at risk by concentrating power in a single political faction.

The legitimacy of the current process is questioned, as dismissing those who do not share its ideals runs the risk of becoming an authoritarian and antidemocratic government. It is warned that this political movement seeks to control all state institutions, thereby eliminating the necessary checks in a Republic to prevent absolutism.