López Obrador celebrates with the promulgation of judicial reform

Hours before the start of celebrations for Mexico’s Independence Day, President Andrés Manuel López Obrador enacted his most controversial constitutional reform: the one that restructures the Judiciary so that all judges are elected by popular vote.

Neither the judicial appeals in recent weeks calling for its entry into force to be halted due to irregularities in the parliamentary process, nor the bitter criticism from social sectors who believe it will politicise justice, nor the warnings about the risks it poses to Mexican democracy launched by some countries have been able to prevent the Mexican Constitution from being reformed on Sunday night with the publication of the changes in the Official Journal of the Federation.

“There is nothing outside the law and no one above the law. We must have a genuine, true rule of law… we must end the pretense, because people talked about living in a democracy, but no, an oligarchy ruled,” López Obrador said in a video in which he is seen signing the reform in the presence of his successor, Claudia Sheinbaum, who will take power on October 1. “Now it is the people who rule.”

Sheinbaum won the general elections in June with 60% of the votes and that is why the ruling party claims to be sufficiently legitimized to make the changes now proposed.

“Long live justice,” the president exclaimed shortly after during his last “Grito” ceremony, the symbolic act that marks the beginning of the national holidays.

“Long live the Fourth Transformation,” he added before a packed Zócalo, referring to the official project that he has led.

López Obrador wanted to leave many changes to the Constitution as a legacy, and the first and most controversial one is already a fact, although his detractors believe that rather than improving justice, he will squander and politicize it.

The parliamentary process of the controversial initiative concluded early Wednesday morning with its approval in the Senate. The ruling party obtained the only vote it was missing thanks to an opposition parliamentarian, and after a very turbulent session that included the irruption of protesters in the plenary session, the sudden change of venue and accusations of co-opting the vote.

The reform was subsequently ratified by a majority of the country’s 32 states.
López Obrador, who has had bitter clashes with the judiciary because the courts blocked or paralyzed some of his major reforms, says the initiative will end corruption by making it easier to punish judges.

But critics argue it jeopardizes judicial independence, deals a blow to the government’s system of checks and balances and will create uncertainty among investors.

They also believe that it will fill the courts with judges who are aligned with the party in power, allow people with little experience to become judges and could make it easier for politicians and criminals to influence judicial decisions.

The path ahead to implement a reform that still has many unanswered questions is a big unknown.

Some experts believe that the decision could still be challenged for contradicting international agreements or treaties signed by Mexico in which the Mexican State commits to impartial justice.

The judicial reform is the first of the constitutional reforms planned by the president, which include, among others, the elimination of autonomous bodies that counterbalanced the executive branch, and the transfer of the National Guard – a body created by this government with the premise of being under civilian command – to the hands of the Army.

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