Changes to Mexico's Constitution Prevent Courts from Challenging Amendments Passed by Congress

Mexico's federal and state legislatures, led by the Morena party, have approved constitutional amendments that prevent courts from contesting any constitutional reforms. Previously, Mexican courts could assess if a new reform conflicted with existing constitutional principles or international treaties. However, starting Friday, any amendment passed by two-thirds majorities in Congress and state legislatures will be immune from challenge.

The Morena party argues that courts should not override elected bodies. Critics, however, believe these changes undermine checks and balances and remove citizens' ability to challenge rights violations in court. The reforms were driven by frustrations over courts blocking key policies of former President Andrés Manuel López Obrador. For instance, when he attempted to pass laws favouring state-owned utilities, courts ruled it violated the Constitution's free competition clause.

Constitutional Changes and Their Implications

President Claudia Sheinbaum, who took office on October 1st, has pledged to continue López Obrador's policies. The ruling party has already enacted a reform requiring all judges, up to the Supreme Court level, to stand for election. Opponents argue this could lead to party-line votes on court positions and allow drug cartels to influence judicial elections due to campaign financing needs.

Critics are also concerned about the minimal qualifications for judgeship candidates. Requirements include letters of recommendation from neighbours, a minimum grade point average of 4 out of 5 in law school, and some undefined "legal experience." This contrasts with the current civil-service advancement system where judges are appointed after years in supporting roles.

Judiciary Independence at Risk

The Morena party's dominance in Congress has enabled rapid constitutional changes, sometimes within hours and with little debate. Critics argue that Mexico's judiciary is the only government branch Morena doesn't control, so they aim to weaken it. This could allow any ruling party controlling the presidency and legislature to approve any changes they desire.

Georgina de la Fuente from the Latin American Observatory on Political Reforms warns that this could even lead to declaring Mexico a monarchy. The Supreme Court might hear arguments against the reform but it's uncertain if they have grounds to do so. Most justices have announced plans to resign in August due to new rules mandating elected judges.

International Comparisons

The reforms place Mexico in uncharted territory. In many countries, individuals can appeal laws or constitutional amendments that infringe on their rights or interests. While few court challenges have overturned constitutional amendments, they can influence their interpretation. Unlike other nations where judges are elected at lower levels, no country has ever replaced its entire slate of federal judges through mass elections within a short timeframe.

The new reform also retroactively cancels legal appeals filed by court employees who feel their rights were violated by the judge election reform. Many of these employees have spent decades advancing through the civil service system with hopes of becoming judges one day.