After demonstrators took over the upper house and halted discussions, Mexico became the first nation globally to permit voters to choose judges at every level. The former President Andres Manuel Lopez Obrador strongly advocated for the reform and denounced the existing judicial system for favouring the political and economic elite.
The reform bill passed with 86 votes in support and 41 in opposition, meeting the two-thirds majority required to modify the constitution, in a upper house controlled by the ruling Morena party and its supporters. Discussion about the reform had led to large protests, strained relations between countries, and concerns among investors.
Senate leader Gerardo Fernandez Norona declared a recess after demonstrators stormed the upper house and entered the chamber, chanting “The judiciary will not fall.” Lawmakers were forced to move to a former Senate building, where they resumed their debate as demonstrators outside shouted “Mr Senator, stop the dictator!” Obrador, who wanted the bill approved before he is replaced by close ally Claudia Sheinbaum on Oct 1, said that protesters were protecting the interests of the political elite.
“What most worries those who are against this reform is that they will lose their privileges, because the judiciary is at the service of the powerful, at the service of white-collar crime,” the leftist leader said at a news conference.
‘Demolition of the judiciary’
Opponents, including court employees and law students, have held a series of protests against the plan, under which even Supreme Court and other high-level judges, as well as those at the local level, would be chosen by popular vote.
Around 1,600 judges would have to stand for election in 2025 or 2027. Overall, the debate on the judicial reform had sparked mass demonstrations, diplomatic tensions and investor jitters.
Impact of Judicial Reform
Mexico has undergone significant judicial reforms in recent years. One major reform occurred in 2008, transitioning from an inquisitorial system (where the judge plays an active role in investigating cases) to an adversarial system (where the prosecution and defense present their cases to an impartial judge and jury). This has led to more transparent oral trials, particularly in criminal cases.
Role of the Judiciary in Combating Corruption and Crime
Mexico's judiciary has faced challenges in combating organized crime, corruption, and impunity. In recent years, efforts have been made to strengthen the independence of the judiciary, improve the transparency of trials, and ensure the protection of judges who face threats from criminal organizations.
Key Issues Facing the Judicial System
Corruption: Corruption within the judiciary has been a longstanding issue, with allegations of bribery, political influence, and bias in decision-making.
Impunity: A large percentage of crimes in Mexico go unpunished, which has undermined public confidence in the legal system.
Judicial Independence: The judiciary is intended to be independent, but it has historically faced political pressure, particularly at the local and state levels.
Overall, Mexico’s judicial system has made significant progress in modernizing and becoming more transparent, but it continues to face challenges, particularly in ensuring accountability and fairness in the legal process.
