On Wednesday, Mexico made history by becoming the first country in the world to allow its citizens to elect judges at all levels. This groundbreaking reform, spearheaded by outgoing President Andres Manuel Lopez Obrador, has been met with a storm of controversy and protests.
The reform stems from Lopez Obrador’s long-standing criticism of Mexico’s judicial system, which he believes has been corrupted by the interests of the political and economic elite. He envisions a judiciary that is directly accountable to the people, believing that elected judges will be less susceptible to manipulation by powerful entities.
However, this radical shift has ignited widespread opposition, with critics raising serious concerns about the potential erosion of judicial independence. The United States, Mexico’s primary trading partner, has expressed apprehension, warning that the reforms could pose a significant risk to Mexican democracy and potentially empower criminal organizations to influence the courts.
The reform’s passage was marked by dramatic scenes of protest, with demonstrators storming the Senate building and disrupting the debate. Lawmakers were forced to relocate to a former Senate building to continue the session, amid shouts of “Mr. Senator, stop the dictator!” from the protesters outside.
Opponents of the reform, including court employees and law students, have argued that the election of judges could make them vulnerable to pressure from criminal elements, particularly in a country where powerful drug cartels wield significant influence through bribery and intimidation.
The reform’s passage was ultimately secured by the ruling Morena party, which holds a majority in the Senate. The vote was narrowly approved with 86 votes in favor and 41 against, achieving the two-thirds majority required to amend the constitution.
The new system, which will come into effect in 2025 or 2027, will see around 1,600 judges across all levels, including the Supreme Court, face election. This unprecedented move has drawn international attention, with the United Nations Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, expressing deep concern about the potential vulnerabilities of an elected judiciary to outside influence.
Despite the concerns and protests, Lopez Obrador remains steadfast in his support for the reform. He views it as a crucial step towards a more transparent and accountable judicial system, arguing that the current system serves the interests of the powerful and shields them from accountability.
The reform’s impact on Mexico’s political landscape and its legal system remains to be seen. Its success hinges on the ability of Mexico to establish robust safeguards to protect the integrity of the judicial selection process and prevent undue influence from criminal organizations. The coming years will be crucial in determining whether this bold experiment in judicial reform will serve to strengthen democracy or lead to further instability.
