Introduction
The recent appointment of ministers, magistrates, and judges, including members of the Tribunal de Disciplina Judicial, marks the culmination of a flawed judicial reform driven by vengeful politicians like López and President Sheinbaum. This reform threatens to dismantle the rule of law in Mexico, as nearly all elected members of the Federal Judicial Power are expected to have presidential and Morena legislators’ support.
The Perils of Concentrated Power
As Montesquieu warned in “El espíritu de las leyes,” those with power tend to abuse it. The separation of powers serves as a crucial check, ensuring that no single entity accumulates excessive power and abuses it. With the new judges, especially SCJN ministers, being largely loyal to Morena and the government, the independence of the Judicial Power will cease to exist. Consequently, its ability to control and balance the Executive Power, which also subordinates the Legislative Power, will be compromised.
Judicial Reform and its Consequences
The judicial reform, combined with the broad range of offenses subject to preventive detention based on mere suspicion, modifications to the amparo figure restricting judges from issuing general declarations, and the “constitutional supremacy” preventing challenges to constitutional amendments, effectively dismantles the rule of law.
Implications for Mexico
- Inconstitucional Laws and Decrees: The Congress or the Executive Power could pass unconstitutional laws or decrees. Individuals or businesses whose rights are violated could seek protection through an amparo, but fearing job loss, judges might refrain from granting them. Given the impossibility of individual amparo processing, unconstitutional laws would remain in effect.
- Restrictions on Individual Liberties: A constitutional modification that infringes on individuals’ property rights, eliminating private ownership, could not be challenged with a submissive and compliant Court. The President and Congress could enact laws limiting private participation in specific activities or mandating resource allocation for government-decree purposes. Without judicial independence, individuals would have no choice but to comply or divest assets.
- Monopolistic Practices: Businesses favored by the regime could engage in monopolistic practices, leaving competitors defenseless. New judges’ lack of market structure knowledge or instructions to protect abusers, along with potential biases towards favored enterprises, would exacerbate this issue.
Conclusion
Without a viable judicial defense, Mexico faces the prospect of arbitrary power misuse. A subordinated and partial Judicial Power erodes legal certainty, essential for investment and economic progress. The future appears bleak for Mexico.
