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Mexico's Legislative Body Approves Controversial Bill Eroding Judicial Review on Constitutional Changes

New legislation in Mexico grants lawmakers authority to revise the Constitution without judicial oversight, a move criticized by experts as a threat to democracy.

By Emiliano Rodríguez Mega and Natalie KitroeffSource: nytimes.com1 min read
Mexico's Legislative Body Approves Controversial Bill Eroding Judicial Review on Constitutional Changes
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In brief

On October 30, Mexico's lower house of Congress passed a significant bill that restricts legal challenges to constitutional amendments, coming under scrutiny from scholars and human rights advocates for potentially undermining judicial authority.

In a landmark decision, Mexico's lower house of Congress approved a contentious bill on Wednesday aimed at eliminating legal challenges to constitutional amendments, which allows lawmakers unprecedented power to modify the nation's charter without any form of judicial review, even from the Supreme Court. The Senate had already endorsed the bill the previous week, triggering concerns among legal experts and human rights advocates who argue that this legislation effectively dismantles checks and balances on the ruling Morena party's legislative power.As detailed provisions of the bill are still to be finalized, it is anticipated that most state legislatures will ratify the measure swiftly, setting the stage for the President's signature to formalize it into law. This legislative development arises amid escalating tensions among Mexico's major government branches, raising alarms about a potential disintegration of democratic standards concerning the judicial system's scope and authority within the country.Guadalupe Salmorán Villar, an expert researching global rule of law and constitutional governance in Mexico City, expressed grave concerns, stating, “This reform, if enacted, places us in a situation characterized by the exercise of unlimited power.” This sentiment captures the prevailing anxiety regarding the federal government’s intentions, which is perceived to be politically undermining the judiciary with the backing of its strong congressional majority.In defense of the bill, Olga Sánchez Cordero, a lawmaker from the Morena party, emphasized that while the legislation prohibits courts from reviewing the content of constitutional changes, it still allows for procedural challenges. She argued that the previous lack of clarity around revising the Constitution would now be addressed with “a clear, explicit, unequivocal mechanism” for evaluating any amendments made to the charter.As public dialogue continues to unfold over this pivotal reform, the implications for Mexico’s democracy and its adherence to the rule of law will likely remain a focal point of contention.

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