Mexico City. This Tuesday, October 22, the doubt arose about what is constitutional supremacyafter the Morena senator Adán Augusto López presented an initiative to modify the articles 1, 103, 105 and 107 of the Political Constitution of the United Mexican States to avoid that when a reform is published there cannot be any amparo lawsuit against it.
And in less than a day, Morena presented and referred to Senate committees a reform promoted by parliamentary leaders Ricardo Monreal and Adán Augusto López, to establish in the Constitution that controversies are inadmissible, unconstitutionality actions and protections that seek to reverse the additions or reformas a la Carta Magnaincluding your process deliberative, legislative and correlative voting.
The initiative, announced this morning in a meeting with the national president of Morena, Luisa María Alcaldewas published shortly afterwards in the Parliamentary Gazette.
The proposal arose after the protection trials promoted against judicial reform, and the controversy between the president Claudia Sheinbaum, and the Judge Nancy Juárez.
Although many times the federal president has assured that a judge of the Judicial Branch cannot order anything against a reform approved and published in the Official Gazette of the Federation, The lawyer assures that she does have influence Hence, it is worth clarifying what constitutional supremacy is in Mexico.
What is the objective of the constitutional supremacy proposal?
It seeks to prevent the Supreme Court of Justice of the Nation (SCJN), courts and tribunals from invalidating the constitutional reforms
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Constitutional supremacy in Mexico proposed by Morena, what is it?
In accordance with the reform project presented by Adán Augusto López, Gerardo Fernández Noroña, Ricardo Monreal, and Sergio Gutiérrez, members of Morena.
- If you want reform the second paragraph of the first article:
Currently it says: The norms relating to human rights will be interpreted in accordance with this Constitution and with the international treaties on the matter, favoring people at all times with the most protection. wide.
With the reform: but in no case can they be disapplied by means of conventionality control.
- Add article 103:
Addition: Exceptions from the provisions of the previous sections are the reforms and additions to this Constitution, its form, procedure and substance, against which no trial or appeal is possible, in any case.
- A last paragraph is added to article 105.
Addition: Constitutional controversies or unconstitutionality actions that seek to challenge the additions or reforms to this Constitution, including its deliberative, legislative and correlative voting process, as well as those that seek to challenge the resolutions or declarations of the authorities competent in electoral matters, are inadmissible.
- While the first paragraph of article 107 is reformed:
Currently it says: The sentences pronounced in the amparo trials will only deal with complainants who have requested it, limiting themselves to protecting and protecting them, if appropriate, in the special case about which the claim is based. In the case of amparo proceedings that resolve the unconstitutionality of general norms, in no case will the sentences issued establish general effects.
Addition: The amparo trial will not proceed against additions or reforms to this Constitution, including its deliberative, legislative and correlative voting process, as well as those that seek to contest the resolutions of the competent authorities in electoral matters.
Reactions to Morena’s constitutional reform
Given Morena’s modifications to the Constitution, some judges, magistrates, as well as members of the opposition have accused the ruling party of wanting to impose a dictatorship.
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“To all conscious Mexicans, This situation is very serious. constitutional supremacy “What the Morena party is exercising represents a true betrayal of the country, since they are murdering all human and international rights,” wrote journalist Gildo Garza in X.
#Mexico To all aware Mexicans, this situation is very serious. The constitutional supremacy that is being exercised @PartidoMorenaMx It represents a true betrayal of the country, since they are MURDERING all human and international rights, even of the chairos. pic.twitter.com/SN6E2dLkEX
— Gildo Garza (@GildoGarzaMx) October 22, 2024
“Away with masks! The rabid browns presented an initiative for constitutional supremacy: What the ruling party decides will be above the Constitution. Now they will give the coup de grace to the Judiciary and democracy. “We will officially be a banana republic,” wrote another social media user.
Masks off! The rabid browns presented an initiative for constitutional supremacy: what the ruling party decides will be above the Constitution. Now they will give the coup de grace to the Judiciary and democracy. Officially we will be a banana republic. pic.twitter.com/eGnyEmRYnQ
— Bere Aguilar (@bereaguilarv) October 23, 2024
When will the constitutional supremacy reform in Mexico proposed by Morena be voted on?
This reform of constitutional supremacy in Mexico, proposed by Morena, which modifies articles 1, 103, 105 and 107 of the Political Constitution of the United Mexican States, is expected to be approved fast track, since It will be voted on in Senate committees this Wednesday October 23 and will be taken to the plenary session on Thursday the 24th.
It will later be sent to the Chamber of Deputies.
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**Interview on Constitutional Supremacy in Mexico**
**Interviewer**: Good afternoon, and thank you for joining us today to discuss the recent developments in Mexico regarding the proposed constitutional reforms. With us is Dr. Lucia Ramirez, a constitutional law expert. Dr. Ramirez, can you explain how these proposed reforms could impact judicial independence in Mexico?
**Dr. Ramirez**: Good afternoon, and thank you for having me. The proposed reforms by the Morena party aim to limit the ability of courts to challenge constitutional amendments. This means that the Supreme Court of Justice could potentially be stripped of its power to review and annul reforms that are passed by the legislative body. This raises serious concerns about judicial independence and the rule of law in Mexico.
**Interviewer**: What are the specific changes that Adán Augusto López is proposing?
**Dr. Ramirez**: López’s initiative seeks to modify several articles of the Political Constitution, including Articles 1, 103, 105, and 107. The core of the proposal is that once a reform is published, it cannot be contested in court through amparo lawsuits or unconstitutionality actions. This essentially insulates significant legislative changes from judicial review, which could set a dangerous precedent for governance in Mexico.
**Interviewer**: Critics have described this move as a step towards dictatorship. What is your take on that?
**Dr. Ramirez**: The term “dictatorship” is quite strong, but there is considerable fear that these reforms could pave the way for authoritarianism by diminishing the checks and balances that are essential in a democratic system. If political decisions are not subject to judicial review, it could erode not only institutional integrity but also the protection of individual rights as defined by the constitution.
**Interviewer**: Can you share any reactions from other legal experts or political figures regarding this initiative?
**Dr. Ramirez**: Certainly. Many judges and legal scholars have expressed alarm over this initiative. For instance, some have stated that the reforms represent a betrayal of democratic principles and an attempt to consolidate power. Concerns have also been raised about the potential for abuse of power by the legislative branch without judicial oversight.
**Interviewer**: What could be the possible repercussions if these reforms are passed?
**Dr. Ramirez**: If these reforms are enacted, we might see a significant shift in how laws are interpreted and enforced in Mexico. There could be an increase in governmental power at the expense of individual liberties, and it may make it more difficult for citizens to seek justice through the courts if they feel their rights are violated.
**Interviewer**: Thank you for your insights, Dr. Ramirez. This is indeed a crucial moment for Mexico’s judicial landscape. We appreciate you shedding light on this complex issue.
**Dr. Ramirez**: Thank you for having me. It’s important for citizens to stay informed about these developments and to advocate for the protection of their rights.
