Pamela Guardado
Edited by Suraj Pandit, Mac Kang, Jia Lin, and Roohie Sheikh
In September 2024, an unprecedented and drastic change occurred in the judicial system of Mexico. Andres Manuel Lopez Obrador (AMLO), the 65th president of Mexico, passed a law stating that judges from the judicial branch will now be elected by public vote. Mexico operates in a Civil Law system, meaning its main focus lies in written codes, unlike the system used in the United States, which is based on court decisions and judicial precedents. Instead, Mexico has an extensive system of written code, including Civil code, Criminal code, Commercial code, and Labor Code. However, despite differences in the [judicial system], Mexico’s government is divided into three branches of power; legislative, judicial, and executive, similar to the United States. The judicial branch in Mexico is composed of the Supreme Court of Justice of the Nation, which serves as the highest court with eleven justices. Also, within the judicial branch, there is the Federal Judiciary Council, responsible for the administration of the federal courts; the Federal Electoral Tribunal, which oversees the legitimacy of elections; and, at a lower level, the regional courts, circuit and appellate collegiate courts, and district courts.
Prior to September 2024, judges in Mexico were chosen based on a law called “Carrera Judicial,” translated as Judicial Road, a thorough process of choosing judges and magistrates. The qualifications include, but are not limited to, being a Mexican citizen, having worked in the field for at least five years, having a good reputation and clean criminal record, and being over thirty years old [1]. There are different selections, depending on what role one is applying for, and some of them are solely designated for people already in the government with others being open to the public. At the end of the process, a jury will decide who is elected based on merit and overall evaluation. Some judges hold their positions for six years and then go through an evaluation process that will decide if they can stay in their positions for the following years. After the judicial reform, Mexicans will now elect over 1600 judicial positions from the Supreme Court, the Federal Judicial Council, and the Federal Electoral Court.
The reasoning behind AMLO’s judicial reform is based on giving the Mexican people all of the power to rule their country to eradicate all possible corruption. The qualifications for the prospective candidates have changed as well, limiting them to only being a Mexican citizen, having a degree in law with a specific GPA, having lived in Mexico two years prior to the election, and having not served as Secretary of State, Attorney General, member of Congress or Senate the year before [2]. The timing of this law is also important to consider. In the recent election, Claudia Sheinbaum was elected president; she will take over the power in October of 2024. She is known as AMLO’s protege and will now be the elected successor. Additionally, both Sheinbaum and AMLO are members of the same political party, Morena, known for being a major left-wing populist party, which currently holds most of the power in the legislative branch. The judicial reform was one of the last policies AMLO implemented in his time as president, passing it to Claudia Scheinbaum at the start of her presidency. In reality, the reason AMLO decided to pass this law at the end of his presidential term remains unknown. However, many assume it has underlying political interests, such as maintaining control over certain sectors and, most importantly, promoting the core idea that Morena emphasizes: giving power entirely to the Mexican people.
The judicial reform in Mexico was a major shock to the whole world, as the judicial branch is considered one of the most sacred institutions of any government. In addition to its responsibilities, it is expected to function as an impartial body, free from any political associations. Moreover, unlike the executive and legislative branches, the number of positions in the judiciary is significantly higher. Before the reform, the selection process for judges was more thorough, but now it is dependent on whether the public can consistently choose the most qualified candidates. Mexico is known for its generally low voter turnout with only 54.03% registered voters as of 2024 [3], and adding another election may further reduce participation. Holding public elections for judges in the Supreme Court, the Federal Judicial Council, and the Federal Electoral Court represents a dangerous threat to the neutrality of the Mexican judicial system. It introduces politics into the process of election and transforms it into a matter of personal favoritism, or worse, into a political business. In an interview with BBC, Norma Pina, president of the Supreme Court of Justice expressed her concern for the new reform, stating that the new reform seems more like a political move than a technical one [4]. Despite efforts by several current members of the Supreme Court to block the bill, they have been unsuccessful. Many Mexican people have also expressed concern about the potential transformation of the judicial system into a political entity. Now, as political parties will nominate their own candidates, people are likely to vote for the candidate associated with their party rather than the one they truly believe in. This new reform could seriously harm the constitutionality of Mexico's judicial system, with a high and unpredictable risk of politicization.
The bill introduced by Andrés Manuel López Obrador will forever change the way Mexico functions as a nation. The future of Mexico’s democracy now lies in the capacity of institutions to withhold this new law with legitimacy.
[1] BBC. (2024, September 5). México Aprueba la reforma judicial de Amlo: 3 Claves para entender qué cambia y por qué es tan polémica. BBC News Mundo. https://www.bbc.com/mundo/articles/cx28kzy4g8ko
[2 ]Lopez Obrador, A. M. (2024, September 15). Reforma al Poder Judicial de la Federación. DOF. https://dof.gob.mx/nota_detalle.php?codigo=5738985&fecha=15%2F09%2F2024#gsc.tab=0
[3] IFES Election Guide: Country Profile: Mexico. IFES Election Guide | Country Profile: Mexico. (n.d.). https://www.electionguide.org/countries/id/140/
[4] Pardo, D. (2024, September 11). Reforma judicial en México. BBC News Mundo. https://www.bbc.com/mundo/articles/cyvpdneyzlgo
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