Understanding the Concept of Justice
The term “justice” originates from Latin, with “iustus” meaning ‘just’ and “ius” signifying law or right. Legal scholars define justice as giving each person what they deserve.
Examining the Newly Elected Judges
With a clear understanding of justice, we now explore whether the selected ministers, magistrates, and judges from the unprecedented election on June 1st can uphold this universal concept and ensure compliance with institutional, legal, and regulatory conditions to guarantee legal certainty.
The Judicial Power is the only branch of the federal government where representatives must possess proven experience. According to the Constitutional Political, to join the Judicial Power, one needs to be a jurist or legal professional with at least five years of professional experience for a Minister position and three years for Magistrates or District Judges.
Since the preselection of candidates for the nominal lists was left to chance, it seems that crucial aspects were overlooked. The best candidates for certain positions were not evaluated, as evidenced by the 37 candidacies reviewed by the National Electoral Institute (INE) due to incomplete work from the Evaluation Committees who nominated individuals not meeting the legal requirement of a minimum eight grade in their undergraduate degree.
Judicial Career: A Sign of Legal Certainty
Now, let’s discuss the judicial career and the specialization system that has been left behind. This system emphasized the training, preparation, and experience of any lawyer aspiring to be a judge.
To become a judge initially, one needs a sense of duty, education or preparation, and undoubtedly experience. This category includes those who may have obtained a degree irregularly but still had a judicial career, allowing them to develop the sense of being a judge.
The significance of having this experience lies in the Judicial Power’s role in safeguarding our most fundamental human rights, such as life, liberty, work, and property. Leaving these values to chance does not seem advisable.
Indeed, the previous judicial system was not perfect and could be improved. However, it was a system where specialization made the difference between duty and the standard bearer.
Considering Mexico’s current position as a commercial focus due to its proximity to the United States, it is crucial to create an environment that ensures legal certainty and security for Mexican and foreign investors who choose to start and produce businesses in the country.
Perhaps by changing all rules at once, we are moving away from the certainty that arbitrators should provide in resolving disputes within specialized technical sectors.
Moreover, we are generating uncertainty about the rules that may govern an investment decision during a strategic moment when global uncertainty demands stability and confidence.
Perhaps this context of changes in the judicial system is the right time to promote the creation of specialized commercial or economic competition tribunals.
These tribunals would ensure the security that businesses and capital are protected by law and a solid, impartial, fair, and unbiased Judicial Power.
A judicial system free of ideologies that would grant each person what they deserve according to the law and justice.
The Symbolism of Justice
Returning to the beginning, written justice (with a capital ‘J’) is represented by the Greek goddess Themis. She is depicted as a woman with half-unveiled eyes, balancing a scale and holding a sword; the blindfold symbolizes impartiality, the scales represent balance or justice, and the sword stands for enforcement.
May the newly formed Judicial Power, set to take office in two months, clearly understand these concepts.
*The author is a specialist in labor and administrative law, UNAM
Key Questions and Answers
- What is justice? Justice originates from Latin, with “iustus” meaning ‘just’ and “ius” signifying law or right. Legal scholars define justice as giving each person what they deserve.
- Why is experience crucial in the Judicial Power? The Constitutional Political requires jurists or legal professionals with at least five years of professional experience for a Minister position and three years for Magistrates or District Judges to join the Judicial Power.
- What are the concerns regarding the new elected judges? The preselection process left to chance seems to have overlooked crucial aspects, as evidenced by the 37 candidacies reviewed due to incomplete work from Evaluation Committees who nominated individuals not meeting the legal requirements.
- Why is a specialized judicial system important? In today’s context, with Mexico being a commercial focus due to its proximity to the United States, it is crucial to create an environment that ensures legal certainty and security for investors.
- What is the symbolism behind Justice? The Greek goddess Themis represents justice with half-unveiled eyes (impartiality), a balance (balance or justice), and a sword (enforcement).
