Legal Experts Warn That Mexican Reforms Will Make Judges Subordinate to Politicians
President Andrés Manuel López Obrador announced that he will sign and publish the amended constitution on Sept. 15 after a narrow vote in the Mexican Senate.
ANALYSIS
Legal experts anticipate significant implications for Mexico’s rule of law following the approval of reforms by the Mexican Senate on Sept. 11. These changes could potentially lead to a judiciary resembling that of Venezuela, where the ruling party’s decrees go unchallenged.
The proposed legislation seeks to make significant changes to the status of 7,000 judges, including those at the Supreme Court level, who would now be elected through popular vote.
Other key changes include reducing the number of Supreme Court judges, capping term length at 12 years, lowering the necessary work experience to five years, and eliminating the minimum age requirement of 35.
The reforms, backed by President López Obrador, were met with protests and opposition due to concerns about the potential disruption of the legal system’s balance of power in Mexico.
López Obrador, also known as AMLO, reaffirmed his intention to sign and implement the constitutional amendment on Sept. 15.
‘Turning Point’ in Mexican History
Commenting on the Senate’s 86-41 vote in favor of the reforms on Sept. 11, journalist Jesús Silva-Herzog Márquez described it as a potential turning point in Mexico’s democratic history.
During a live-streamed discussion at the Wilson Center in Washington, María Amparo Hernández Chong Cuy, a circuit judge in Mexico, expressed concerns about the rushed nature of the reform process and the implications for selecting candidates for federal judgeships through popular vote.
She highlighted the politically driven decision-making process and the potential challenges faced by incumbent judges seeking re-election under the new system.
Fearing the consequences of the reforms, U.S. Ambassador to Mexico Ken Salazar emphasized the risks associated with electing judges through popular vote and its potential impact on Mexico’s democracy.
While similar judicial election processes exist in some U.S. states, legal experts argue that the Mexican reforms present a more radical shift, fundamentally reshaping the country’s judiciary.
U.S. President Joe Biden (L) and Mexican President Andres Manuel Lopez Obrador hug during a welcome ceremony as part of the 2023 North American Leaders Summit at Palacio Nacional in Mexico City, Mexico, on Jan. 9, 2023. Hector Vivas/Getty Images
President López Obrador defended the reforms, emphasizing their goal of promoting a fairer and more transparent judiciary as Mexico moves towards combating corruption and impunity.
Mexico’s incoming president, Claudia Sheinbaum, echoed these sentiments, praising the reforms for strengthening the administration of justice and eliminating corruption and privileges.
Claims of Corruption ‘Exaggerated’
While acknowledging some level of corruption within the judiciary, critics of the reforms argue that the allegations of widespread corruption are unsubstantiated and not based on empirical data.
The rushed nature of the reform process and the exclusion of key institutions from the changes raise concerns about the potential consequences of weakening the judiciary and worsening corruption issues in Mexico.
Associated Press contributed to this report.
